South Carolina General Assembly
106th Session, 1985-1986
Journal of the House of Representatives

WEDNESDAY, MAY 28, 1986

Wednesday, May 28, 1986(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Almighty God, always ready to help us in every need, deliver us from fear that would weaken our faith, from error that would obstruct our vision, and from doubt that would dwarf and deplete our energies. Give us the spirit of open minds, the courage to persist in the face of difficulties, and an unhesitating confidence in the power of truth. Forbid that we should ever pull down the shades of our minds to exclude the teachings of Your holy Word. Keep us knowing that each day is a thread woven into the tapestry of life, and that we have the power to choose its beauty.

Thank You, Lord, for this privilege of prayer. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by Rep. LAKE.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

RULES AND REGULATIONS RECEIVED

The following were received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

May 27, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives (Doc. No. 675)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on May 23, 1986 regulations concerning Physical/Chemical Wastewater Certification Program from the Board of Certification of Environmental Systems Operators.

They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.

Sincerely,
Ramon Schwartz, Jr.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

May 27, 1986
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives (Doc. No. 731)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on May 27, 1986 regulations concerning Specific Information Service Signing from the Department of Highways and Public Transporation.

They are hereby referred to the Committee on Education and Public Works for consideration.

Sincerely,
Ramon Schwartz, Jr.

Received as information.

H. 2161--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 27, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 2161:

H. 2161 -- Rep. Aydlette: A BILL TO AMEND ACT 462 OF 1978, AS AMENDED, RELATING TO SPECIAL PARKING PRIVILEGES FOR HANDICAPPED PERSONS, SO AS TO PROVIDE THAT EACH APPLICATION IN PERSON AND BY MAIL BY A HANDICAPPED PERSON FOR A DISTINGUISHING LICENSE PLATE OR PLACARD TO BE USED FOR SPECIAL PARKING PRIVILEGES MUST BE ACCOMPANIED BY A LICENSED PHYSICIAN'S CERTIFICATE THAT THE APPLICANT IS TEMPORARILY OR PERMANENTLY HANDICAPPED, TO ALLOW THE PHYSICIAN TO DETERMINE THE LENGTH OF TIME FOR WHICH THE LICENSE PLATE OR PLACARD MAY BE ISSUED, AND TO PROVIDE THAT NO LICENSE PLATE OR PLACARD MAY BE DENIED IF THE APPLICATION IS FILLED OUT CORRECTLY AND ACCOMPANIED BY THE CERTIFICATE AND IF THE APPLICANT FOLLOWS THE PROCEDURES ESTABLISHED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
and asks for a Committee of Conference and has appointed Senators McConnell, Powell and Hinson of the Committee of Conference on the part of the Senate.

Very respectfully,
President

No. 94

Whereupon, the Chair appointed Reps. AYDLETTE, BLACKWELL and SHELTON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

H. 3550--DEBATE ADJOURNED

Rep. SHEHEEN moved to adjourn debate upon the Senate Amendments to the following Bill until 11:00 A.M., which was adopted.

Rep. TOAL moved to adjourn debate upon the Senate Amendments to the following Bill, which was adopted.

H. 3714 -- Rep. Ferguson: A BILL TO AMEND ARTICLE 1, CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS BY ADDING SECTION 59-63-70 SO AS TO PROVIDE THAT ALL CHILDREN ENTERING THE PUBLIC SCHOOL SYSTEM OF THIS STATE MUST BE TESTED DURING THEIR FIRST SCHOOL YEAR BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR THE PRESENCE OF THE SICKLE CELL ANEMIA DISEASE AND THE SICKLE CELL GENE, AND TO PROVIDE THAT THE PARENTS OR LEGAL GUARDIAN OF ANY CHILD FOUND TO HAVE SICKLE CELL ANEMIA OR THE SICKLE CELL GENE MUST BE NOTIFIED BY THE CHILD'S SCHOOL OF THIS FACT.

R. 477, H. 3703--GOVERNOR'S VETO OVERRIDDEN
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

May 27, 1986
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 3703, R-477, an Act:

TO PROVIDE THAT BEGINNING WITH TAX YEAR 1986, THERE IS NO LIMITATION ON THE NUMBER OF MILLS THAT MAY BE IMPOSED IN LEXINGTON COUNTY FOR THE BENEFIT OF THE FIRE DISTRICTS IN THE COUNTY.

This veto is based upon an opinion of the Attorney General's Office which states in concluding that the Act is of doubtful constitutionality:

The Act pertains solely to Lexington County and thus is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted." Acts similar to H. 3703, R-477 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. SeeCooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974). See also Spartanburg Sanitary Sewer District v. City of Spartanburg, 283 S.C. 67, 321 S.E. 2d 258 (1984) (construing Article VIII, Section 7 in the context of legislation for a special purpose district, directing that "the constitutional mandate of Article VIII, Subsection 7 that the General Assembly can modify legislation regarding special purpose districts only through the enactment of general law" be followed).

We further advise that there are already two general laws which could accomplish the same result of removing the millage limitations for the fire districts of Lexington County. See Section 6-11-273 and 6-11-275, Code of Laws of South Carolina (1985 Cum. Supp.). Thus, a special law is being enacted where general laws are already applicable, thus apparently contravening Article III, Section 34(IX) (no special law to be enacted where a general law can be made applicable). We are unaware of any peculiar local conditions in Lexington County which would require special treatment beyond the scope of Section 6-11-273 and 6-11-275 of the Code. McElveen v. Stokes, 240 S.C. 1, 142 S.E.2d 592 (1962).

By your letter of May 23, 1986, you have asked for the opinion of this Office as to the constitutionality of H. 3703, R-477, an act removing limitations on the number of mills that may be imposed in Lexington County for the benefit of fire districts in the county. For the reasons following, it is the opinion of this Office that the Act is of doubtful constitutionality.

In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. Moreover, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937); Townsend v. Richland County, 190 S.C. 270, 2 S.E.2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this Office may comment upon potential constitutional problems, it is solely within the province of the courts of this State to declare an act unconstitutional.

The Act pertains solely to Lexington County and thus is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted." Acts similar to H. 3703, R-477 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. SeeCooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974). See also Spartanburg Sanitary Sewer District v. City of Spartanburg, 283 S.C. 67, 321 S.E.2d 258 (1984) (construing Article VIII, Section 7 in the context of legislation for a special purpose district, directing that "the constitutional mandate of Article VIII, Subsection 7 that the General Assembly can modify legislation regarding special purpose districts only through the enactment of general law" be followed).

We further advise that there are already two general laws which could accomplish the same result of removing the millage limitations for the fire districts of Lexington County. See Section 6-11-273 and 6-11-275, Code of Laws of South Carolina (1985 Cum. Supp.). Thus, a special law is being enacted where general laws are already applicable, thus apparently contravening Article III, Section 34(IX) (no special law to be enacted where a general law can be made applicable). We are unaware of any peculiar local conditions in Lexington County which would require special treatment beyond the scope of Sections 6-11-273 and 6-11-275 of the Code. McElveen v. Stokes, 240 S.C. 1, 124 S.E.2d 592 (1962).

Based on the foregoing, we would advise that H. 3703, R-477 would be of doubtful constitutionality. Of course, this Office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority.

Sincerely,
Patricia D. Petway
Assistant Attorney General

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

So the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

S. 1197--RECALLED FROM THE COMMITTEE ONAGRICULTURE AND NATURAL RESOURCES

On motion of Rep. SHARPE, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Agriculture and Natural Resources.

S. 1197 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WATER RESOURCES COMMISSION, RELATING TO INTERBASIN TRANSFER OF WATER, DESIGNATED AS REGULATION DOCUMENT NUMBER 656, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

H. 3940--RECOMMITTED

Rep. SHARPE, with unanimous consent, moved to recommit, the Joint Resolution to the Committee on Agriculture and Natural Resources, which was agreed to.

H. 3940 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WATER RESOURCES COMMISSION, RELATING TO INTERBASIN TRANSFER OF WATER, DESIGNATED AS REGULATION DOCUMENT NUMBER 656, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

REPORT OF STANDING COMMITTEE

Rep. HOLT, from the Charleston Delegation, submitted a favorable report, with amendments, on:

H. 3905 -- Rep. Kohn: A BILL TO PROVIDE THAT THE GOVERNING BODY OF THE NORTH CHARLESTON PUBLIC SERVICE DISTRICT SHALL CONSIST OF FIVE MEMBERS WHO MUST BE ELECTED IN NONPARTISAN ELECTIONS BEGINNING WITH THE YEAR 1986 AND TO PROVIDE FOR THE MANNER IN WHICH THESE MEMBERS ARE ELECTED.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3954 -- Rep. J. Anderson: A CONCURRENT RESOLUTION COMMENDING CLARENCE R. JOLLY OF EDGEFIELD, IN EDGEFIELD COUNTY, FOR HIS MANY YEARS OF UNSELFISH WORK ON BEHALF OF THE AMERICAN DIABETES ASSOCIATION AND THE HEART FUND.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3955 -- Reps. Russell, Davenport, Petty, S. Anderson, Ferguson, Hawkins and Lake: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO JOHN WHITE, OWNER AND PROPRIETOR OF THE "BEACON" DRIVE-IN IN SPARTANBURG, FOR HIS YEARS OF HARD WORK IN MAKING THE BEACON A LANDMARK EATERY.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1343 -- Senator Drummond: A CONCURRENT RESOLUTION TO RECOGNIZE MR. BART COX, PRESIDENT OF THE SOUTH CAROLINA BEER ASSOCIATION, UPON BEING NAMED 1986 ASSOCIATION EXECUTIVE OF THE YEAR BY THE SOUTH CAROLINA SOCIETY OF ASSOCIATION EXECUTIVES.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

Whereas, the General Assembly recognizes the critical importance of the Grand Strand area of our State to the South Carolina economy; and

Whereas, the direct and indirect revenues which are generated by the tourism industry involve multiple billions of dollars; and

Whereas, the critical lifeline for the Grand Strand area is a modern, efficient, and well-maintained transportation system; and

Whereas, the trauma that has occurred in the Grand Strand due to serious traffic congestion poses an immediate threat to the well-being of our coastal resort areas and surely the State as a whole; and

Whereas, the General Assembly finds that this problem constitutes one of the priorities for attention by the Department of Highways and Public Transportation. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the Department of Highways and Public Transportation is directed to take such immediate steps as necessary to provide relief to this seriously impacted area.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Highway Commission.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The following was introduced:

H. 3956 -- Spartanburg County Delegation: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE T. W. EDWARDS, JR., OF SPARTANBURG COUNTY ON COMPLETING TWENTY YEARS DISTINGUISHED SERVICE IN THE HOUSE OF REPRESENTATIVES.

Whereas, our distinguished colleague and friend, T. W. Edwards, Jr., is completing his twentieth year of distinguished and continuous service in the House of Representatives; and

Whereas, his colleagues on the powerful Ways and Means Committee have recognized his abilities by electing him the panel's First Vice-Chairman; and

Whereas, each member of the General Assembly knows of and appreciates his kindness, generosity, and affability; and

Whereas, it is appropriate to recognize this milestone in the career of public service he has chosen. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly congratulate the Honorable T. W. Edwards, Jr., of Spartanburg County on completing twenty years distinguished service in the House of Representatives.

Be it further resolved that a copy of this resolution be forwarded to The Honorable T. W. Edwards, Jr.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3960 -- Reps. W. Arthur and Beasley: A CONCURRENT RESOLUTION CONGRATULATING THE BASEBALL TEAM OF HARTSVILLE HIGH SCHOOL, 1986 STATE AAAA CHAMPIONS, FOR AN OUTSTANDING AND EXCITING SEASON.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

S. 1340 -- Senators Moore and Shealy: A BILL TO AMEND ACT 503 OF 1982, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF AIKEN COUNTY, SO AS TO INCREASE THE MILLAGE THAT MAY BE LEVIED FOR THE OPERATION OF THE SCHOOL DISTRICT.

Referred to Aiken Delegation.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

The SPEAKER granted Rep. LLOYD HENDRICKS a leave of absence for the day due to illness.

STATEMENTS OF ATTENDANCE

Reps. BLANDING and KEYSERLING signed a statement with the Clerk that they came in after the roll call and were present for the Session on Wednesday, May 21, 1986.

Reps. R. BROWN, DAVENPORT, HARVIN and KOON signed a statement with the Clerk that they came in after the roll call and were present for the Session on Thursday, May 22, 1986.

Rep. LEWIS signed a statement with the Clerk that he came in after the roll call and was present for the Session on Thursday, May 8, 1986.

DOCTOR OF THE DAY

Announcement was made that Dr. Michael Holmes of Kingstree is the Doctor of the Day for the General Assembly.

H. 3714--RECONSIDERED AND SENATE AMENDMENTSCONCURRED IN AND BILL ENROLLED

Rep. TOAL moved to reconsider the vote whereby debate was adjourned on the Senate Amendments to the following Bill which was agreed to.

H. 3714 -- Rep. Ferguson: A BILL TO AMEND ARTICLE 1, CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS BY ADDING SECTION 59-63-70 SO AS TO PROVIDE THAT ALL CHILDREN ENTERING THE PUBLIC SCHOOL SYSTEM OF THIS STATE MUST BE TESTED DURING THEIR FIRST SCHOOL YEAR BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR THE PRESENCE OF THE SICKLE CELL ANEMIA DISEASE AND THE SICKLE CELL GENE, AND TO PROVIDE THAT THE PARENTS OR LEGAL GUARDIAN OF ANY CHILD FOUND TO HAVE SICKLE CELL ANEMIA OR THE SICKLE CELL GENE MUST BE NOTIFIED BY THE CHILD'S SCHOOL OF THIS FACT.

Rep. FERGUSON explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 1267 -- Senators Lee, Horace C. Smith, Lake and E. Patterson: A BILL TO AMEND ACT 612 OF 1984, RELATING TO THE ELECTION OF TRUSTEES FOR THE SCHOOL DISTRICTS OF SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD TO REAPPOINT AN INCUMBENT TRUSTEE, IN THE EVENT NO ONE HAS FILED A PETITION OF CANDIDACY, AT LEAST SIXTY DAYS BEFORE THE ELECTION INSTEAD OF AT THE TIME HIS TERM EXPIRES.

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 3942 -- Rep. McEachin: A BILL TO AMEND ACT 239 OF 1981, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR FLORENCE COUNTY SCHOOL DISTRICT NO. 1 AND THE MANNER IN WHICH THE ANNUAL TAX MILLAGE FOR THE DISTRICT IS ESTABLISHED, SO AS TO AUTHORIZE A SPECIAL VOTE BY THE QUALIFIED ELECTORS OF THE DISTRICT ON THE SCHOOL MILLAGE FOR THE DISTRICT FOR FISCAL YEAR 1986-87.

H. 2353 -- Rep. Harvin: A BILL TO ENACT "THE ANIMAL FIGHTING AND BAITING ACT," TO PROVIDE FOR THE SEIZURE, CARE, AND DISPOSITION OF ANIMALS AND TO PROVIDE PENALTIES, TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME OF OWNING AN ANIMAL FOR THE PURPOSE OF FIGHTING OR BAITING, BEING A PARTY TO OR CAUSING ANY FIGHTING OR BAITING OF ANY ANIMAL, PURCHASING, RENTING, LEASING, OR OTHERWISE ACQUIRING OR OBTAINING THE USE OF ANY STRUCTURE, FACILITY, OR LOCATION FOR THE PURPOSE OF FIGHTING OR BAITING ANY ANIMAL, OR KNOWINGLY ALLOWING OR PERMITTING OR MAKING AVAILABLE ANY STRUCTURE, FACILITY, OR LOCATION TO BE USED FOR THE PURPOSE OF FIGHTING OR BAITING ANY ANIMAL.

ORDERED TO THIRD READING

The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:

H. 3950 -- Rep. Harvin: A BILL TO PROVIDE FOR THE NONPARTISAN ELECTION AND THE APPOINTMENT OF THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 1 IN CLARENDON COUNTY; TO INCREASE THE NUMBER OF THE BOARD MEMBERS FROM SEVEN TO TEN IN 1986; TO DECREASE THE NUMBER TO NINE IN 1987 AND AFTER THAT YEAR; TO PROVIDE FOR THE TIME AND MANNER OF THE ELECTIONS AND APPOINTMENTS; TO PROVIDE FOR FILLING OF VACANCIES; AND TO REPEAL ACT 232 OF 1983 RELATING TO THE APPOINTMENT OF TRUSTEES FOR THE SCHOOL DISTRICT.

H. 3952 -- Reps. Felder, Mitchell, Bennett and K. Bailey: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ACT 123 OF 1985, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO PROVIDE THAT ORANGEBURG COUNTY SHALL HAVE A REGISTER OF MESNE CONVEYANCES APPOINTED BY THE ORANGEBURG COUNTY GOVERNING BODY.

S. 1334 -- Senator Land: A BILL TO AMEND ACT 959 OF 1972, AS AMENDED, RELATING TO THE CLARENDON COUNTY AREA VOCATIONAL SCHOOL AND MANPOWER TRAINING CENTER SO AS TO REVISE THE TIMES WHEN THE BOARD OF TRUSTEES THEREOF SHALL MEET.

H. 3405 -- Reps. J. Bradley and Felder: A BILL TO AMEND SECTION 56-5-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR CERTAIN VEHICLES TO STOP AT ALL RAILROAD GRADE CROSSINGS, SO AS TO REVISE THE TYPES OF VEHICLES THAT ARE REQUIRED TO STOP AT ALL RAILROAD GRADE CROSSINGS.

Rep. J. BRADLEY explained the Bill.

S. 1099 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 25 OF TITLE 49 SO AS TO PROVIDE FOR AN OFFICE OF STATE CLIMATOLOGY.

S. 1166 -- Senators Moore, Drummond and Setzler: A JOINT RESOLUTION TO PROVIDE FOR THE HANDLING OF CERTAIN OIL OVERCHARGE REFUND MONIES, INCLUDING THE IMPOSITION OF DUTIES AND RESPONSIBILITIES UPON THE JOINT LEGISLATIVE COMMITTEE ON ENERGY; TO REQUIRE THAT ANY STATE AGENCY, BOARD, COMMISSION, INSTITUTION, OR OTHER ENTITY FUNDED FROM THE GENERAL FUND OF THE STATE WHICH RECEIVES A FINANCIAL GAIN AS A RESULT OF ENERGY EFFICIENCY IMPROVEMENTS UNDERTAKEN AS A RESULT OF THE STATE'S ENERGY PROGRAMS MUST BE EVALUATED AS TO THE ACTUAL ANNUAL DOLLAR SAVINGS ATTAINED; TO PROVIDE FOR THE REPORTING OF THE COST SAVINGS; TO PROVIDE FOR THE DEPOSIT OF OIL OVERCHARGE FUNDS IN INTEREST-BEARING ACCOUNTS AND FOR THE EARMARKING OF INTEREST EARNED; AND TO PROVIDE, AMONG OTHER THINGS, THAT THE STATE AUDITOR SHALL CONDUCT AN ANNUAL FINANCIAL COMPLIANCE AUDIT AND BUDGET ADEQUATE FUNDS TO COVER ITS COST.

Rep. L. MARTIN explained the Bill.

H. 3950--ORDERED TO BE READ THIRDTIME TOMORROW

On motion of Rep. HARVIN, with unanimous consent, it was ordered that H. 3950 be read the third time tomorrow.

H. 3952--ORDERED TO BE READ THIRDTIME TOMORROW

On motion of Rep. K. BAILEY, with unanimous consent, it was ordered that H. 3952 be read the third time tomorrow.

S. 1334--ORDERED TO BE READ THIRDTIME TOMORROW

On motion of Rep. HARVIN, with unanimous consent, it was ordered that S. 1334 be read the third time tomorrow.

H. 3405--ORDERED TO BE READ THIRDTIME TOMORROW

On motion of Rep. J. BRADLEY, with unanimous consent, it was ordered that H. 3405 be read the third time tomorrow.

S. 1099--ORDERED TO BE READ THIRDTIME TOMORROW

On motion of Rep. WINSTEAD, with unanimous consent, it was ordered that S. 1099 be read the third time tomorrow.

S. 1166--ORDERED TO BE READ THIRDTIME TOMORROW

On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that S. 1166 be read the third time tomorrow.

H. 3321--ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of the Bill.

H. 3321 -- Reps. Hayes, Hearn, Evatt, Rawl and Fair: A BILL TO AMEND SECTION 56-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OR REVOCATION OF A RESIDENT OR NONRESIDENT DRIVER'S PRIVILEGES UPON CONVICTION IN ANOTHER STATE FOR AN OFFENSE WHICH WOULD RESULT IN SUCH ACTION IF THE OFFENSE WERE COMMITTED IN THIS STATE, SO AS TO PROVIDE THAT SUCH SUSPENSIONS OR REVOCATIONS ARE MANDATORY INSTEAD OF DISCRETIONARY WITH THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

The Bill was read the second time and ordered to third reading.

H. 3321--ORDERED TO BE READ THIRDTIME TOMORROW

On motion of Rep. HAYES, with unanimous consent, it was ordered that H. 3321 be read the third time tomorrow.

H. 3315--DEBATE ADJOURNED

Rep. TOAL moved to adjourn debate upon the following Bill, which was adopted.

H. 3315 -- Reps. Beasley, Day, O. Phillips, Barfield, Fair, L. Martin, Hearn, Evatt, Cooper, Townsend, Alexander and M.D. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2935 SO AS TO PERMIT A PRELIMINARY SCREENING TEST TO DETERMINE WHETHER AN ARREST SHOULD BE MADE FOR A VIOLATION OF SECTION 56-5-2930 (DUI); AND TO AMEND SECTION 56-5-2950, RELATING TO IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF BLOOD, SO AS TO ADD URINE OR BLOOD TESTS TO THE IMPLIED CONSENT STATUTE, TO PROVIDE PROCEDURES FOR THEIR USE, TO RELEASE PERSONS ADMINISTERING THE TESTS FROM CRIMINAL AND CIVIL LIABILITY UNLESS GROSSLY NEGLIGENT, AND TO PROVIDE FOR AN IMMEDIATE SUSPENSION OF DRIVING PRIVILEGES IF A BLOOD ALCOHOL CONTENT OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR GREATER IS REGISTERED.

H. 3706--DEBATE ADJOURNED

Rep. KEYSERLING moved to adjourn debate upon the following Bill, which was adopted.

H. 3706 -- Reps. Keyserling, Sheheen, Huff and Freeman: A BILL TO ADOPT THE FEDERAL LOW-LEVEL RADIOACTIVE WASTE POLICY AMENDMENTS ACT OF 1985 IN ORDER TO EFFECTUATE THE STATE'S RESPONSIBILITY FOR MANAGEMENT AND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE.

Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3687R), which was adopted.

Amend the bill, as and if amended, by striking SECTIONS 1 and 2 and inserting:

/SECTION 1. Item 17 of Section 12-35-550 of the 1976 Code is amended to read:

"(17) The gross proceeds of the sale of animal or motor drawn or operated machinery used in the planting, cultivating, or harvesting of farm crops or of machines used in mining, quarrying, compounding, processing, and manufacturing of tangible personal property.; provided that theThe term 'machines,', as used in this article, shall includeincludes the parts of such machines, attachments, and replacements therefor which are used, or manufactured for use, on or in the operation of suchthe machines and which are necessary to the operation of suchthe machines and are customarily so used;, but this exemption shalldoes not include automobiles or trucks. The term 'machinery' as used in this item (17) shall be construed to includeincludes bulk coolers (farm dairy tanks) used in the production and preservation of milk on dairy farms, and no sales taxes shall be collected on such tanks. The term 'machinery' as used in this item shall includeincludes machines used by farmers for the purpose of grinding grain for their own use in livestock production and machines used in the production of poultry and poultry products on poultry farms, when suchthe products are to be sold in the original state of production or preparation for sale and when sold by the producer thereof or members of his immediate family."

SECTION 2. The amendment to item (17) of Section 12-35-550 of the 1976 Code contained in Section 1 of this act is effective for sales after June 30, 1986./

Amend title to conform.

Rep. McTEER explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 2960--ORDERED TO BE READ THIRDTIME TOMORROW

On motion of Rep. McTEER, with unanimous consent, it was ordered that H. 2960 be read the third time tomorrow.

H. 3567--DEBATE ADJOURNED

Rep. EDWARDS moved to adjourn debate upon the following Joint Resolution, which was adopted.

H. 3567 -- Reps. Edwards and P. Harris: A JOINT RESOLUTION TO PROVIDE FOR THE HANDLING OF CERTAIN OIL OVERCHARGE REFUND MONIES, INCLUDING THE IMPOSITION OF DUTIES AND RESPONSIBILITIES UPON THE JOINT LEGISLATIVE COMMITTEE ON ENERGY; TO REQUIRE THAT ANY STATE AGENCY, BOARD, COMMISSION, INSTITUTION, OR OTHER ENTITY FUNDED FROM THE GENERAL FUND OF THE STATE WHICH RECEIVES A FINANCIAL GAIN AS A RESULT OF ENERGY EFFICIENCY IMPROVEMENTS UNDERTAKEN AS A RESULT OF THE STATE'S ENERGY PROGRAMS MUST BE EVALUATED AS TO THE ACTUAL ANNUAL DOLLAR SAVINGS ATTAINED; TO PROVIDE FOR THE REPORTING OF THE COST SAVINGS; TO PROVIDE FOR THE DEPOSIT OF OIL OVERCHARGE FUNDS IN INTEREST-BEARING ACCOUNTS AND FOR THE EARMARKING OF INTEREST EARNED; AND TO PROVIDE, AMONG OTHER THINGS, THAT THE STATE AUDITOR SHALL CONDUCT AN ANNUAL FINANCIAL COMPLIANCE AUDIT AND BUDGET ADEQUATE FUNDS TO COVER ITS COST.

H. 3387--DEBATE ADJOURNED

Rep. McLELLAN moved to adjourn debate upon the following Bill, which was adopted.

H. 3387 -- Rep. Lewis: A BILL TO AMEND SECTION 31 OF PART II OF ACT 512 OF 1984 (THE GENERAL APPROPRIATIONS ACT), AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE ESTABLISHMENT OF A CONTINUING ACCOUNT UNDER THE STATE TREASURER FOR THE PURPOSE OF PROVIDING STATE MATCHING DISASTER ASSISTANCE FUNDS WHEN REQUIRED BY THE FEDERAL ENTITY PROVIDING THE FUNDS, SO AS TO PROVIDE THAT THE DISASTER ASSISTANCE MATCHING FUNDS IN THE ACCOUNT MAY ALSO BE USED TO COVER THOSE INDIVIDUAL AND FAMILY GRANT (IFG) PROGRAM ADMINISTRATIVE EXPENSES WHICH EXCEED THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA) ADMINISTRATIVE EXPENSE ALLOWANCE.

SPEAKER PRO TEMPORE IN CHAIRSPECIAL PRESENTATION

Rep. SHEHEEN, with unanimous consent, made a special presentation to SPEAKER RAMON SCHWARTZ on behalf of the members and staff of the House of Representatives.

S. 906--COMMITTED

The following Bill was taken up.

S. 906 -- Senator Waddell: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 77 SO AS TO CREATE THE STATE BOARD OF GEOLOGIC EXAMINERS, TO DEFINE ITS POWERS AND DUTIES, TO REGULATE THE PRACTICE OF GEOLOGY, AND TO PROVIDE PENALITIES.

Amend the bill, as and if amended, beginning on page 1, by striking item 4 in Section 40-77-10 as contained in SECTION 1 and when amended item 4 shall read:

/4. 'Geology' means the science dealing with the earth and its history; investigation, prediction, and location of the materials and structures which compose it; the natural processes that cause change in the earth; and the applied science of utilizing knowledge of the earth and its constituent rocks, minerals, liquids, gases, and other materials for the benefit of mankind. This definition shall not include any service or creative works, the adequate performance of which requires engineering education, training, and experience./

/6. 'Registered professional geologist' means a person registered as a professional geologist by the board and who meets the necessary requirements of Section 40-77-150, who is a graduate in an approved geologic curriculum for four years or more from a school or college approved by the board as of satisfactory standing, or who has had five years or more of experience in geologic work of a character satisfactory to the board and who, in addition, has successfully passed the examination in the fundamental geologic subjects prior to completion of the requisite years of experience in geologic work, as provided in Section 40-77-160, and who has received from the board a certificate stating that he has successfully passed this portion of the professional examinations./

Amend further, page 3, by striking Section 40-77-20 as contained in SECTION 1 and when amended the section shall read:

/Section 40-77-20. In order to safeguard life, health, and property and to promote the public welfare, any person engaged in the public practice of geology or offering to engage in the public practice of geology is required to submit evidence that he is qualified to practice and must be registered. It is unlawful for any person to offer or engage in the public practice of geology in this State, as defined in Section 40-77-10, or to use in connection with his name or otherwise assume, use, or advertise any title or description tending to convey the impression that he is a registered professional geologist, unless he has been duly registered under the provisions of this chapter./

/(2) Graduated in a geologic or a related science curriculum of four scholastic years or more from a school or college other than those approved by the board in item (1) of this section, with a specific record of five years or more of experience in geological work of a character satisfactory to the board and passing written examinations in geologic subjects designed to show knowledge and skill approximating that attained through graduation in an approved geologic curriculum and passing the written examinations as required in item (1) of this section./

Amend further, page 11, by striking Section 40-77-340 as contained in SECTION 1 and when amended the section shall read:

/Section 40-77-340. Any person who (a) practices or offers to practice public geology in this State without being registered in accordance with the provisions of this chapter, (b) presents or attempts to use as his own the certificate of registration or the seal of another, (c) gives any false or forged evidence of any kind to the board or to any member in obtaining registration, (d) falsely impersonates any other registrant, (e) attempts to use an expired or revoked certificate of registration, or (f) violates any other provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or be imprisoned for a period not exceeding three months, or both./

/(6) The practice of teaching or research in geology in South Carolina colleges or universities, if the work is confined to those activities and does not affect the public as stated in item 5 of Section 40-77-10./

Amend further, page 14, by adding after subsection (B):

/(C) Within six months after the effective date of this act, the board shall grant a special waiver for the public practice of geology, not to exceed five years, to a qualified geologist-in-training who practiced as a geologist before the effective date of this act. The waiver, upon approval by the board, shall provide that persons practicing as geologists on the effective date of this act are to be regarded, for purposes of their work, as duly registered professional geologists until such time as they have met the experience requirement of Section 44-77-150./

Renumber subsections to conform.

Amend title to conform.

Rep. LOCKEMY explained the amendment.

POINT OF ORDER

Rep. KLAPMAN raised the Point of Order that the Bill appropriated money and, in accordance with Rule 4.4, must be referred to the Ways and Means Committee.

The SPEAKER Pro Tempore sustained the Point of Order.

Rep. Klapman moved to commit the Bill to the Committee on Ways and Means, which was agreed to.

H. 3706--RECONSIDERED, AMENDED AND ORDEREDTO THIRD READING

Rep. SHEHEEN moved to reconsider the vote whereby debate was adjourned on the following Bill which was agreed to.

H. 3706 -- Reps. Keyserling, Sheheen, Huff and Freeman: A BILL TO ADOPT THE FEDERAL LOW-LEVEL RADIOACTIVE WASTE POLICY AMENDMENTS ACT OF 1985 IN ORDER TO EFFECTUATE THE STATE'S RESPONSIBILITY FOR MANAGEMENT AND DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE.

Reps. SHEHEEN and KEYSERLING proposed the following Amendment No. 2 (Doc. No. 4947R), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. As used in this act:

(1) "Department" means the Department of Health and Environmental Control.

(2) "Sited region" means a region of the United States including one or more states which, at the date of this section, had within its boundaries a licensed and operating site for the disposal of low-level radioactive waste pursuant to 42 U.S.C. 2021(b) as amended.

The definitions contained in Article 3, Chapter 47, of Title 48 of the 1976 Code are also applicable to this section as they apply.

SECTION 2. Pursuant to the Low-Level Radioactive Waste Policy Amendments Act of 1985, P. L. 99-240, amending 42 U.S.C. 2021(b) et seq., "The Low-Level Radioactive Waste Policy Act of 1980", the General Assembly of South Carolina adopts this act to further effectuate the state's responsibilities for management and disposal of low-level radioactive waste.

SECTION 3. (A) The regional disposal facility located at Barnwell may accept not more than eight million, four hundred thousand cubic feet of low-level radioactive waste during the seven-year period beginning January 1, 1986, and ending December 31, 1992. For the duration of the period beginning January 1, 1986, and ending December 31, 1992, the facility shall accept no waste from out of the region if receipt of such waste would result in disposal in excess of one million, two hundred thousand cubic feet of waste for a calendar year except under the provisions of Sections 5 and 6 of P. L. 99-240.

(B) If in any calendar year the provisions of Section 5, "Limited Availability of Certain Regional Disposal Facilities During Transition and Licensing Periods", subpart a(3)(B) of P. L. 99-240 are invoked then the facility shall increase the burial limit in that year in increments of ten percent but the increases shall not result in burial in excess of the eight million, four hundred thousand cubic feet through December 31, 1992, except as provided by law.

(C) If in any calendar year the provisions of Section 6, "Emergency Access", of P. L. 99-240, are invoked then the facility shall increase the yearly burial limit as required pursuant to certification of the Nuclear Regulatory Commission. Increases in the yearly burial limit under Section 6 of P. L. 99-240 shall not be greater than one hundred twenty percent of the burial rate of the previous year nor shall the increases result in burial in excess of the eight million, four hundred thousand cubic feet through December 31, 1992, except as provided by law.

SECTION 4. The department shall provide for the solicitation and collection of information from the United States Department of Energy, generators and handlers of low-level radioactive waste, and operators of disposal facilities in order to determine compliance with the requirements for access to regional facilities under P. L. 99-240. Pursuant to Section 5, "Limited Availability of Certain Regional Disposal Facilities During Transition and Licensing Periods", subpart f, the department shall deny access to the facility to generators or to generators in states which fail to comply with information requests pursuant to this section. The Department shall, after written notice of the deficiency to the generator, the handler, and to the governor of the state, followed by a period of ten days, issue an order denying access to the facility to generators or intermediate handlers in states which fail to provide information that is reasonably necessary to monitor the availability of disposal capacity, the use and assignment of allocation, and the application of surcharges. The state of origin of any generator or intermediate handler to whom an order is issued under this section shall comply immediately and provide the information. Upon application to the Department, the noncomplying state shall be afforded a hearing within thirty days of such application. The noncomplying state, or its chief legal officer, shall represent itself and the generator who was denied access because of the state's noncompliance in all further proceedings. The Attorney General of South Carolina shall represent the interests of South Carolina in all further proceedings. The noncomplying state, or its chief legal officer, may petition the Department for reconsideration of the determination of noncompliance with information requirements and for restoration of access to the disposal facility upon compliance. The noncomplying state, or its chief legal officer, may appeal the decision of the Department to the Court of Common Pleas in Richland County. Any hearings held pursuant to this section shall be held pursuant to the procedures set forth in Chapter 23 of Title 1, Code of Laws of South Carolina, 1976, except that where the provisions of this act are in conflict with the provisions of Chapter 23 of Title 1, this act shall control. In consultation with appropriate agencies in the sited states, the compact commissions, and agencies of the federal government, the department shall establish guidelines for defining waste from decontamination or recycling and determining the proportion of brokered or processed waste that is attributable to each state or to each original generator. The guidelines must not be inconsistent with any policies or guidelines pertaining to accountability for brokered or processed waste established by the Southeast Low-Level Radioactive Waste Compact Commission.

SECTION 5. The department shall monitor and insure that allocations to commercial nuclear power reactors of an amount of waste disposal capacity as determined by Section 5, "Limited Availability of Certain Regional Disposal Facilities During Transition and Licensing Periods", subpart c, "Commercial Nuclear Power Reactor Allocations" are available. The department shall act to the extent possible in cooperation and in concert with other states' agencies, federal agencies, and compact commissions to insure these allocations are available as provided by law for the regional facility at Barnwell.

SECTION 6. The department shall act pursuant to P. L. 99-240 to deny access to the regional facility when the waste from nuclear power reactors accepted by the sited regions equals or exceeds eleven million, nine hundred thousand cubic feet during the seven-year period beginning January 1, 1986, and ending December 31, 1992.

SECTION 7. Pursuant to Section 5 of P. L. 99-240, "Limited Availability of Certain Regional Disposal Facilities During Transition and Licensing Periods", subpart d(1), "Surcharges" and subpart e, "Requirements for Access to Regional Disposal Facilities", penalties must be imposed on all generators in states which fail to comply with the requirements as set forth in the above-referenced act.

To be considered for a determination of compliance with a milestone the Governor of the state seeking to be determined in compliance must present to the Chairman of the Board of the Department of Health and Environmental Control his certification that his state has complied as well as copies of all applicable documentation of the actions completed in compliance with the applicable law. Failure to provide such materials may result in a determination of noncompliance.

The Chairman of the Board of the Department of Health and Environmental Control shall, upon request, provide to the representatives to the Southeast Compact Commission, the Speaker of the House of Representatives, and to the President of the Senate copies of any of such certifications and documentation.

Upon determination of noncompliance, the department shall impose the applicable penalty on the generator in the noncomplying state.

The South Carolina Board of Health and Environmental Control may, by majority vote, based on information received from the commission, from appropriate federal agencies, and from appropriate state agencies in this and other states, determine that a state or region has failed to comply with the requirements of P. L. 99-240 and shall inform the department which shall immediately impose the penalty provided by law. The board shall take action to ensure that such determinations are made not later than thirty days following incidents of noncompliance.

The General Assembly may, by concurrent resolution, based on information received from the commission, from appropriate federal agencies, and from appropriate state agencies in this and other states, determine that a state or region has failed to comply with the requirements of P. L. 99-240 and shall inform the department which shall immediately impose the penalty provided by law.

Upon a determination of noncompliance the Department shall immediately impose the penalty provided by law. The noncomplying state, or its chief legal officer, shall represent itself and the generator who was denied access because of the state's noncompliance in all further proceedings. The Attorney General of South Carolina shall represent the interests of South Carolina in all further proceedings. The noncomplying state, or its chief legal officer, may petition the Department for reconsideration of the determination of noncompliance or for restoration of access to the disposal facility upon compliance. The noncomplying state, or its chief legal officer, may appeal the decision of the Department to the Court of Common Pleas in Richland County. Any hearings held pursuant to this section shall be held pursuant to the procedures set forth in Chapter 23 of Title 1, Code of Laws of South Carolina, 1976, except that where the provisions of this act are in conflict with the provisions of Chapter 23 of Title 1, this act shall control. Upon a determination of compliance the applicable penalty surcharge shall be discontinued or access shall be restored to generators in that state. All penalty surcharges levied during a period of noncompliance shall be retained by the State of South Carolina as provided in P. L. 99-240.

SECTION 8. Beginning January 1, 1993, the disposal facility located at Barnwell shall cease to accept radioactive waste from outside the borders of the State and to serve as the regional disposal facility for the Southeast Regional Compact. Further operation of the facility beyond January 1, 1993, must be specifically authorized by the General Assembly. Within one year prior to closure, the department shall evaluate the remaining capacity of the site and recommend to the General Assembly the need and use of any remaining disposal capacity of the site. In accordance with Section 13-7-30 of the 1976 Code, the State Budget and Control Board, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The department is responsible for continued site monitoring.

SECTION 9. The department shall have the authority to terminate authorization of any shipper or transporter of radioactive waste where it determines a failure to comply with applicable standards of state or federal law. Any person aggrieved under this section has the right to a hearing, pursuant to Title 1, Chapter 23, of the 1976 Code, prior to permanent revocation of authorization to ship or transport nuclear waste. Authorization to begin shipping or transportation after termination of authority to do so requires a majority vote of the board of the department.

SECTION 10. If any provision of this act is declared to be invalid or unconstitutional the declaration shall not invalidate the remaining provisions of this act.

SECTION 11. Nothing in this act shall be construed to limit the authority of the Department of Health and Environmental Control or the Budget and Control Board acting pursuant to the authority granted to them by statute or contract to enforce restrictions to promote health and safety of persons or the environment.

SECTION 12. This act shall take effect upon approval by the Governor./

Amend title to conform.

Rep. SHEHEEN explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3706--ORDERED TO BE READ THIRDTIME TOMORROW

On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that H. 3706 be read the third time tomorrow.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 28, 1986

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:15 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President

No. 55

On motion of Rep. MATTOS the invitation was accepted.

H. 3567--RECONSIDERED AND TABLED

Rep. SIMPSON moved to reconsider the vote whereby debate was adjourned on the following Joint Resolution, which was agreed to.

H. 3567 -- Reps. Edwards and P. Harris: A JOINT RESOLUTION TO PROVIDE FOR THE HANDLING OF CERTAIN OIL OVERCHARGE REFUND MONIES, INCLUDING THE IMPOSITION OF DUTIES AND RESPONSIBILITIES UPON THE JOINT LEGISLATIVE COMMITTEE ON ENERGY; TO REQUIRE THAT ANY STATE AGENCY, BOARD, COMMISSION, INSTITUTION, OR OTHER ENTITY FUNDED FROM THE GENERAL FUND OF THE STATE WHICH RECEIVES A FINANCIAL GAIN AS A RESULT OF ENERGY EFFICIENCY IMPROVEMENTS UNDERTAKEN AS A RESULT OF THE STATE'S ENERGY PROGRAMS MUST BE EVALUATED AS TO THE ACTUAL ANNUAL DOLLAR SAVINGS ATTAINED; TO PROVIDE FOR THE REPORTING OF THE COST SAVINGS; TO PROVIDE FOR THE DEPOSIT OF OIL OVERCHARGE FUNDS IN INTEREST-BEARING ACCOUNTS AND FOR THE EARMARKING OF INTEREST EARNED; AND TO PROVIDE, AMONG OTHER THINGS, THAT THE STATE AUDITOR SHALL CONDUCT AN ANNUAL FINANCIAL COMPLIANCE AUDIT AND BUDGET ADEQUATE FUNDS TO COVER ITS COST.

Rep. L. MARTIN moved to table the Joint Resolution, which was agreed to.

S. 1264--INTERRUPTED DEBATE

The following Bill was taken up.

S. 1264 -- Senator McConnell: A BILL TO AMEND SECTIONS 41-18-40, 41-18-80, AND 41-18-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE, SO AS TO DEFINE SPECIAL INSPECTOR, PROVIDE THAT AN AMUSEMENT DEVICE BE INSPECTED BY A SPECIAL INSPECTOR INSTEAD OF BY THE COMMISSIONER OF THE DEPARTMENT OF LABOR FOR AN INITIAL PERMIT AND INSPECTED BY AN ARCHITECT, PROFESSIONAL ENGINEER, OR AN INSPECTOR OF AN INSURANCE UNDERWRITER FOR A SUBSEQUENT PERMIT, AND TO DELETE THE PROVISION THAT FEES ESTABLISHED BY THE COMMISSIONER OF LABOR MUST BE BASED ON COST OF ADMINISTERING THE PROVISIONS OF THE AMUSEMENT RIDES SAFETY CODE WHICH MUST NOT EXCEED FIFTY DOLLARS.

Rep. L. MARTIN explained the Bill and asked unanimous consent to amend the Bill by adding on Pg. 3, line 34, "or their designees".

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the Bill, Rep. L. MARTIN having the floor.

SPEAKER IN CHAIRMOTION ADOPTED

Rep. TOAL moved that a Report of the Committee of the Whole be printed in the Journal, which was agreed to.

COMMITTEE OF THE WHOLE REPORT

Rep. TOAL moved that the House recommend that the House version of the Appropriation Bill be considered by the Conference Committee and that the Conference Committee operate under the Joint Rules and precedents. Also request the Committee not to consider the Bill until rules are established which was agreed to by a division vote of 97/0.

Rep. SHEHEEN moved that the 1 1/2% on capital expenditure fund be maintained in the Bill which was agreed to by a division vote of 91/0.

Rep. L. MARTIN moved that the House recede until 2:30 P.M., which was adopted.

THE HOUSE RESUMES

At 2:30 P.M. the House resumed, the SPEAKER Pro Tempore in the chair.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 28, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Lindsay, Waddell and Matthews of the Committee of Conference on the part of the Senate on:

The Senate Amendments to the following Bill were taken up for consideration.

H. 2767 -- Reps. Sharpe, M.D. Burriss and Jones: A BILL TO AMEND SECTION 44-61-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF EMERGENCY MEDICAL TECHNICIANS, SO AS TO DELETE THE REQUIREMENT FOR RECERTIFICATION EVERY THREE YEARS.

Rep. LOCKEMY explained the Senate Amendments.

Rep. L. MARTIN moved to adjourn debate upon the Senate Amendments, which was adopted.

H. 3668--POINT OF ORDER

The Senate Amendments to the following Bill were taken up for consideration.

H. 3668 -- Agriculture and Natural Resources Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 46-21-260 AND 46-21-270 SO AS TO PROVIDE FOR ACTIONS AGAINST SEED DEALERS WHEN THE SEEDS THEY SELL DO NOT PRODUCE OR PERFORM AS REPRESENTED BY THEIR LABELS AND TO CREATE AN ARBITRATION COMMITTEE TO ASSIST FARMERS AND SEED DEALERS IN DETERMINING THE VALIDITY OF COMPLAINTS AND TO SET DAMAGES IF ANY.

POINT OF ORDER

Rep. SHEHEEN made the Point of Order that the Senate Amendments were improperly before the House for consideration since printed copies of the Senate Amendments have not been upon the desks of the members for one day.

The SPEAKER Pro Tempore sustained the Point of Order.

H. 3279--POINT OF ORDER

The Senate Amendments to the following Bill were taken up for consideration.

H. 3279 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE FUNDS FOR PRISON CONSTRUCTION AND RENOVATIONS REQUIRED BY THE NELSON SETTLEMENT, TO PROVIDE THAT A COMBINATION OF CAPITAL FUND MONIES AND GENERAL OBLIGATION BONDS MUST BE USED FOR THE FUNDS, AND TO REQUIRE THE FUNDS TO BE RELEASED PURSUANT TO THE NELSON SETTLEMENT DEADLINES; TO AMEND SECTION 11-11-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE BONDS AND THE LIMITATION OF GENERAL REVENUES WHICH CAN BE USED FOR DEBT SERVICE, SO AS TO DELETE THE PROVISION REQUIRING THE LIMITATION TO DECREASE EACH FISCAL YEAR AND TO REQUIRE THE DEBT SERVICE EXPENDITURES FOR GENERAL OBLIGATION BONDS TO BE NO MORE THAN TWO AND ONE-HALF PERCENT OF THE GENERAL FUND OF THE PRIOR FISCAL YEAR BY FISCAL YEAR 1992-93; TO AMEND SECTION 11-11-310, AS AMENDED, RELATING TO LIMITATIONS ON ANNUAL APPROPRIATIONS, SO AS TO DELETE THE PROVISION AUTHORIZING REVENUES IN THE CAPITAL EXPENDITURE FUND TO BE APPROPRIATED FOR RETIRING BONDED INDEBTEDNESS OR FOR AVOIDING THE ISSUANCE OF BONDS AND TO REQUIRE THE REVENUE GENERATED FROM THE TWO AND ONE-HALF PERCENT CAPITAL EXPENDITURE FUND TO BE APPLIED TOWARD PRISON CONSTRUCTION WITH ANY EXCESS REVENUE TO BE USED TO FINANCE PROJECTS AUTHORIZED BY THE GENERAL ASSEMBLY; AND TO REQUIRE CAPITAL IMPROVEMENT PROJECTS TO BE SCHEDULED FOR FINANCING ACCORDING TO PRIORITY AS DETERMINED BY THE JOINT BOND REVIEW COMMITTEE.

POINT OF ORDER

Rep. SHEHEEN made the Point of Order that the Senate Amendments were improperly before the House for consideration since printed copies of the Senate Amendments have not been upon the desks of the members for one day.

The SPEAKER Pro Tempore sustained the Point of Order.

ORDERED TO THIRD READING

The following Joint Resolutions were taken up, read the second time, and ordered to a third reading:

H. 3926 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, DIVISION OF STATE FIRE MARSHAL, RELATING TO CONSTRUCTION AND OPERATION OF LOCAL DETENTION FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 667, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

Rep. WINSTEAD explained the Joint Resolution.

S. 1205 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO ACCOUNTANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 703, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

S. 1260 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, DIVISION OF STATE FIRE MARSHAL, RELATING TO RECODIFICATION OF REGULATIONS CONCERNING: USE OF HAZARDOUS SUBSTANCES; EXPLOSIVES; SERVICE STATIONS; TENTS, GRANDSTANDS AND AIR-SUPPORTED STRUCTURES, DESIGNATED AS REGULATION DOCUMENT NUMBER 672, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

S. 1255 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, RELATING TO LICENSING AND BUSINESS OF REAL ESTATE, DESIGNATED AS REGULATION DOCUMENT NUMBER 527, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

H. 3926--ORDERED TO BE READ THIRDTIME TOMORROW

On motion of Rep. WINSTEAD, with unanimous consent, it was ordered that H. 3926 be read the third time tomorrow.

S. 1205--ORDERED TO BE READ THIRDTIME TOMORROW

On motion of Rep. T.M. BURRISS, with unanimous consent, it was ordered that S. 1205 be read the third time tomorrow.

OBJECTION TO MOTION

Rep. WINSTEAD asked unanimous consent that S. 1260 be read a third time tomorrow.

Rep. P. BRADLEY objected.

S. 1255--ORDERED TO BE READ THIRDTIME TOMORROW

On motion of Rep. DANGERFIELD, with unanimous consent, it was ordered that S. 1255 be read the third time tomorrow.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. O. PHILLIPS a leave of absence for the remainder of the day.

S. 1124--TABLED

The following Joint Resolution was taken up.

S. 1124 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO TELECOMMUNICATIONS UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 568, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

Rep. L. MARTIN moved to table the Joint Resolution, which was agreed to.

S. 1163--ORDERED TO THIRD READING

The following Joint Resolution was taken up.

S. 1163 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO ELECTION PROCEDURES FOR THE STATE BOARD OF MEDICAL EXAMINERS AND THE MEDICAL DISCIPLINARY COMMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 687, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

Rep. LOCKEMY explained the Joint Resolution.

Rep. KLAPMAN moved to table the Joint Resolution, which was not agreed to.

The question then recurred to the passage of the Joint Resolution, which was agreed to.

OBJECTION TO MOTION

Rep. LOCKEMY asked unanimous consent that S. 1163 be read a third time tomorrow.

Rep. KLAPMAN objected.

H. 3462--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3462 -- Reps. Moss, Day and Hearn: A BILL TO AMEND ACT 462 OF 1978, AS AMENDED, RELATING TO PARKING FOR HANDICAPPED PERSONS SO AS TO PROVIDE THAT MEMBERS OF THE STATE HIGHWAY PATROL MAY MAKE ARRESTS FOR VIOLATIONS OF THE ACT WHEREVER THEY OCCUR.

Rep. MOSS proposed the following Amendment No. 1, which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 3 of Act 462 of 1978, as last amended by Act 72 of 1983, is further amended by adding at the end:

"Law enforcement officers may make arrests for violations of this act wherever they occur."

SECTION 2. This act shall take effect upon approval by the Governor./

Amend title to conform.

Rep. MOSS explained the amendment.

Rep. P. BRADLEY asked unanimous consent to amend the amendment at the desk.

Rep. AYDLETTE objected.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3462--ORDERED TO BE READ THIRDTIME TOMORROW

On motion of Rep. MOSS, with unanimous consent, it was ordered that H. 3462 be read the third time tomorrow.

S. 1064--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1064 -- Senators Shealy, Pope, Bryan, Wilson, Giese, Peeler, Courson, Thomas, Drummond and E. Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5 OF TITLE 43 SO AS TO ENACT THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT, TO REQUIRE RECIPIENTS OF VARIOUS TYPES OF PUBLIC ASSISTANCE ADMINISTERED BY THE STATE TO REGISTER AND ACCEPT APPROPRIATE EMPLOYMENT AS A CONDITION OF RECEIPT OF ASSISTANCE PAYMENTS, TO DESIGNATE THE DEPARTMENT OF SOCIAL SERVICES AS THE AGENCY AUTHORIZED TO CONDUCT DEMONSTRATION PROJECTS AIMED AT EXPANDING THE EMPLOYMENT OPPORTUNITIES AVAILABLE TO ASSISTANCE RECIPIENTS, TO PROVIDE EXCEPTIONS TO THE WORK REQUIREMENTS, TO PROVIDE THAT REFUSAL TO ACCEPT SUITABLE EMPLOYMENT RENDERS THE RECIPIENT INELIGIBLE FOR ASSISTANCE UNDER THE ACT, AND TO MAKE SPECIAL PROVISIONS FOR PROTECTIVE PAYMENTS ON BEHALF OF DEPENDENT CHILDREN OF THOSE DECLARED INELIGIBLE.

Amend the bill, as and if amended, by amending subsection (d) of Section 43-5-540 to read:

(d) Any person required to register, pursuant to subsection (a) who wilfully fails to register or refuses a bona fide offer of employment or training in violation of subsection (c), is ineligible for Aid to Families with Dependent Childrenassistance. Where there is no other parent present who is eligible for assistance, any aid for which the child is eligible must be provided in the form of protective payment as defined in Section 43-5-520.

Amend title to conform

Rep. L. MARTIN explained the amendment.

The amendment was then adopted.

The Bill was read the second time and ordered to third reading.

S. 1064--ORDERED TO BE READ THIRDTIME TOMORROW

On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that S. 1064 be read the third time tomorrow.

S. 808--DEBATE ADJOURNED

Rep. PEARCE moved to adjourn debate upon the following Bill, which was adopted.

S. 808 -- Senator Doar: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-140 SO AS TO REQUIRE THE USE OF ANTI-SYPHON DEVICES ON IRRIGATION SYSTEMS AND TO PROVIDE PENALTIES.

S. 1047--OBJECTIONS AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1047 -- Fish, Game and Forestry Committee: A BILL TO AMEND ACT 176 OF 1977, AS AMENDED, THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE THAT NATURAL RESOURCES RELATED AGENCIES MAY PROMULGATE EMERGENCY REGULATIONS TO PROTECT OR MANAGE NATURAL RESOURCES.

Rep. PEARCE explained the Bill.

Reps. J. ARTHUR and KLAPMAN objected to the Bill.

The Bill was read the second time and ordered to third reading.

OBJECTION TO MOTION

Rep. PEARCE asked unanimous consent that S. 1047 be read a third time tomorrow.

Reps. KLAPMAN and J. ARTHUR objected.

S. 808--AMENDED AND ORDERED TO THIRD READING

Rep. HOLT moved to reconsider the vote whereby debate was adjourned on the following Bill which was agreed to.

S. 808 -- Senator Doar: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-140 SO AS TO REQUIRE THE USE OF ANTI-SYPHON DEVICES ON IRRIGATION SYSTEMS AND TO PROVIDE PENALTIES.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 4622R), which was adopted.

Amend the bill, as and if amended, by striking the first paragraph of Section 46-1-140 as contained in SECTION 1 and inserting:

/"Section 46-1-140. Any irrigation system which is designed or used for the applications of fertilizer, pesticide, or chemicals must be equipped with an anti-syphon device adequate to protect against contamination of the water supply. The minimum acceptable anti-syphon device shall include a check valve, vacuum breaker, and low pressure drain on the irrigation supply line between the irrigation pump and the point of injection of fertilizer, pesticide, or chemicals. The vacuum breaker must be upstream from the check valve. The low pressure drain must be upstream from the vacuum breaker. The injection pump must be tied to the irrigation pump either mechanically or electrically so that the injection pump shall stop operating if the irrigation pump fails to function./

Amend further by adding after SECTION 1:

/SECTION 2. Any person using an irrigation system on the effective date of this act shall bring it into compliance with the provisions of Section 46-1-140 of the 1976 Code within two years of the effective date of this act./

Renumber sections to conform.

Amend totals and title to conform.

Rep. BENNETT explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 808--ORDERED TO BE READ THIRDTIME TOMORROW

On motion of Rep. PEARCE, with unanimous consent, it was ordered that S. 808 be read the third time tomorrow.

S. 1259--RECALLED FROM THE COMMITTEE ONMEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. WINSTEAD, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.

S. 1259 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD DIVISION OF STATE FIRE MARSHAL, RELATING TO TRANSPORTATION AND USE OF PYROTECHNICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 670, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

H. 3528--OBJECTIONS WITHDRAWN

Reps. DAY and LIMEHOUSE withdrew their objections to H. 3528.

S. 433--OBJECTIONS WITHDRAWN

Reps. KIRSH and BLANDING withdrew their objections to S. 433.

H. 3865--OBJECTION WITHDRAWN

Rep. CARNELL withdrew his objection to H. 3865.

H. 3761--OBJECTION WITHDRAWN

Rep. McBRIDE withdrew his objection to H. 3761.

H. 3528--OBJECTION WITHDRAWN

Rep. DAVENPORT withdrew his objection to H. 3528.

H. 3818--OBJECTIONS WITHDRAWN

Reps. HOLT and WASHINGTON withdrew their objections to H. 3818.

S. 433--OBJECTION WITHDRAWN

Rep. FOSTER withdrew his objection to S. 433.

H. 3761--OBJECTION WITHDRAWN

Rep. K. BAILEY withdrew his objection to H. 3761.

H. 2807--OBJECTION WITHDRAWN

Rep. J. BROWN withdrew his objection to H. 2807 however, other objections remained upon the Bill.

H. 3771--MOTION TO RECONSIDER TABLED

The motion of Rep. FOXWORTH to reconsider the vote whereby the motion to commit the following Bill to the Committee on Labor, Commerce and Industry was tabled was taken up.

H. 3771 -- Reps. Hawkins, S. Anderson, Faber, Woodruff, Sharpe, Kay, Aydlette, Jones, J.C. Johnson, Wilkins, J. Rogers, Mitchell, K. Bailey, Harvin, White, McBride, Waldrop, Chamblee, McLellan, J. Bradley, J. Arthur, Gordon, B.L. Hendricks, J. Brown, Bennett, Kirsh, Taylor, Mattos, Thrailkill, Cooper, J. Harris, Townsend, Winstead and Huff: A BILL TO PERMIT ANY PERSON UNDER CERTAIN CONDITIONS TO SELECT THE DENTIST OF HIS CHOICE; TO PROVIDE THAT ANY LICENSED DENTIST IN THIS STATE MAY PARTICIPATE IN SUCH SELECTION; TO PROVIDE FOR THE DISSEMINATION OF BENEFIT INFORMATION, FOR METHODS OF PAYMENT FOR DENTAL CARE SERVICE, AND FOR THE RIGHT OF ANY DENTIST LICENSED IN THE STATE TO PARTICIPATE AS A CONTRACTING PROVIDER IN ANY PREPAYMENT PLAN; AND TO PROHIBIT DISCRIMINATION IN REIMBURSEMENT TO NONCONTRACTING PROVIDERS.

Rep. GENTRY moved to table the motion to reconsider, which was agreed to.

H. 3300--MOTION TO RECONSIDER TABLED

The motion of Rep. P. BRADLEY to reconsider the vote whereby the following Bill was given a second reading was taken up.

H. 3300 -- Reps. J. Rogers, J. Bradley, Huff, Lewis, McBride, Mitchell, Neilson, Russell, Sharpe, Shelton, Winstead, B.L. Hendricks, R. Brown, Evatt, Harvin, Snow, Hayes, Keyserling, J. Harris, Davenport, Hawkins, J. Anderson, Jones, Waldrop, Tucker, Chamblee, Barfield, J.H. Burriss, Sturkie, Ogburn, Gentry, McKay, Wilkins, J.C. Johnson, Lockemy, Gilbert, Limehouse, Carnell, Day, Griffin, Nettles, Woodruff, McTeer, Brett and T. Rogers: A BILL TO AMEND SECTIONS 12-21-2590 AND 12-21-2600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BINGO LICENSE FEES AND ADMISSIONS TAXES SO AS TO DOUBLE THE APPLICABLE LICENSE FEES AND TAXES, AND TO AMEND SECTION 12-21-2620, RELATING TO THE DISPOSITION OF BINGO REVENUES, SO AS TO PROVIDE THAT ONE-HALF OF THE REVENUES MUST BE DEPOSITED IN A SEPARATE FUND FOR THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND CREDITED TO THE ACCOUNT OF EACH COUNTY FOR DISTRIBUTION BY THE DEPARTMENT IN GRANTS FOR PARKS AND RECREATION DEVELOPMENT.

Rep. TOAL moved to table the motion to reconsider, which was agreed to.

S. 906--RECALLED FROM THE COMMITTEEON WAYS AND MEANS

On motion of Rep. LOCKEMY, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.

S. 906 -- Senator Waddell: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 77 SO AS TO CREATE THE STATE BOARD OF GEOLOGIC EXAMINERS, TO DEFINE ITS POWERS AND DUTIES, TO REGULATE THE PRACTICE OF GEOLOGY, AND TO PROVIDE PENALITIES.

Rep. DAY asked unanimous consent to withdraw his name as a sponsor of H. 3252, which was agreed to.

S. 433--AMENDED AND ORDERED TO THIRD READING

On motion of Rep. T.M. BURRISS, with unanimous consent, the following Bill was taken up for immediate consideration.

S. 433 -- Senator Theodore: A BILL TO ENACT THE "SOUTH CAROLINA REGULATION OF BURGLAR ALARM SYSTEM BUSINESSES ACT OF 1986", TO MAKE CERTAIN VIOLATIONS AND THE COMMISSION OF CERTAIN ACTS A MISDEMEANOR, AND TO PROVIDE PENALTIES.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was introduced on Thursday, May 8, by the Committee on Labor, Commerce and Industry.

Rep. T.M. BURRISS explained the amendment.

Rep. WINSTEAD asked unanimous consent to amend the amendment at the desk by adding "and/or FCC regulated carriers", which was agreed to.

Amend the Report by the Committee on Labor, Commerce and Industry, as and if amended, in item (2) of subsection (D), of SECTION 5, page A-7, lines 7, 8, 9, and 10, by striking /that he is of good moral character and temperate habits. The following are prima facie evidence that the applicant does not have good moral character or temperate habits/ and inserting /that the applicant has no/.

Amend title to conform.

Rep. T.M. BURRISS explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 433--ORDERED TO BE READ THIRDTIME TOMORROW

On motion of Rep. T.M. BURRISS, with unanimous consent, it was ordered that S. 433 be read the third time tomorrow.

S. 1066--RECALLED FROM THE COMMITTEEON LABOR, COMMERCE AND INDUSTRY

On motion of Rep. DANGERFIELD, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.

S. 1066 -- Senator Drummond: A BILL TO PROVIDE FOR THE REGULATION OF THE SALE, USE, AND STORAGE OF EXPLOSIVES, TO AUTHORIZE THE STATE FIRE MARSHAL TO CERTIFY OR LICENSE PERSONS SELLING, STORING, OR USING EXPLOSIVES, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Rep. L. MARTIN moved that the House recur to the morning hour, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 28, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators SALEEBY, MARTIN and LAND of the Committee of Conference on the part of the Senate on S. 733:

S. 733 -- Senators Saleeby, Martin, Land, McLeod and Holland: A BILL TO ESTABLISH THE MOTOR VEHICLE THEFT AND MOTOR VEHICLE INSURANCE FRAUD REPORTING-IMMUNITY ACT, TO PROVIDE FOR THE EXCHANGE OF INFORMATION RELATING TO MOTOR VEHICLE THEFT OR MOTOR VEHICLE INSURANCE FRAUD BETWEEN AUTHORIZED GOVERNMENTAL AGENCIES AND INSURERS, TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR THE EXCHANGES, TO PROVIDE FOR CONFIDENTIALITY, AND TO PROVIDE A PENALTY.
Very respectfully,
President

No. 56

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., May 28, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 693:

S. 693 -- Senators Hayes and Hinson: A BILL TO AMEND SECTION 53-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION FOR AMUSEMENT PARKS AND RECOGNIZED STATE AND COUNTY FAIRS TO OPERATE ON SUNDAYS, SO AS TO PROHIBIT THE OPERATION OF RECOGNIZED STATE AND COUNTY FAIRS BETWEEN THE HOURS OF 10:00 A.M. AND 1:00 P.M. ON SUNDAY.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President

No. 57

H. 3550--SENATE AMENDMENTS AMENDED

The hour of 11:00 having arrived, the Senate Amendments to the following Bill were taken up for consideration.

Amend the bill, as and if amended, by striking all after the enacting words and substituting therefor the Appropriations Bill as passed by the House of Representatives.

Renumber sections to conform.

Amend totals and title to conform.

Rep. SHEHEEN explained the amendment.

The amendment was then adopted.

The Senate Amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

RATIFICATION OF ACTS

At 11:15 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified.

(R502) S. 1160 -- Senators Ravenel, E. Patterson, Theodore and Nell W. Smith: AN ACT TO AMEND SECTION 12-7-435, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED IN DETERMINING SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW A TWO THOUSAND DOLLAR DEDUCTION TO A TAXPAYER WHO HAS ADOPTED A "SPECIAL NEEDS CHILD" AND FURNISHES THE CHILD'S CHIEF SUPPORT, AND TO DEFINE THE TERM "SPECIAL NEEDS CHILD".

(R503) S. 1062 -- Senator Long: AN ACT TO AMEND SECTIONS 61-3-710, AND 61-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN LICENSES OR PERMITS ISSUED BY THE ALCOHOLIC BEVERAGE CONTROL COMMISSION SO AS TO PROVIDE THAT THESE LICENSES OR PERMITS EXPIRE ON SEPTEMBER THIRTIETH OF EACH YEAR AND TO PROVIDE THAT THESE PERMITS AND LICENSES ISSUED FOR THE 1986-87 LICENSE YEAR SHALL EXPIRE ON SEPTEMBER 30, 1987; TO AMEND SECTION 61-5-80, AS AMENDED, RELATING TO LICENSE FEES TO SELL ALCOHOLIC LIQUORS IN SEALED CONTAINERS OF TWO OUNCES OR LESS SO AS TO REVISE THE MANNER IN WHICH FEES FOR PARTIAL LICENSE YEARS ARE COMPUTED; AND TO AMEND SECTION 61-9-310 RELATING TO PERMITS TO SELL BEER OR WINE SO AS TO PROVIDE THAT THESE PERMITS SHALL EXPIRE ON SEPTEMBER THIRTIETH OF EACH YEAR, TO PROVIDE THAT PERMITS ISSUED FOR LICENSE YEAR 1986-87 EXPIRE ON SEPTEMBER 30, 1987, AND TO ELIMINATE THE PERMIT FOR THE SALE OF BEER FOR CONSUMPTION OFF OF THE PREMISES.

(R504) S. 1316 -- Senator Powell: AN ACT TO AMEND SECTION 50-13-1192, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TYPE AND NUMBER OF NONGAME FISHING DEVICES WHICH MAY BE USED IN DESIGNATED FRESHWATER BODIES, SO AS TO PERMIT THE USE OF JUGS FOR FISHING IN LAKE SECESSION.

(R505) S. 1256 -- Judiciary Committee: AN ACT TO ADOPT REVISED CODE VOLUMES 1, 4, AND 14 AND NEW VOLUMES 1A, 4A, AND 14A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE; TO NOT ADOPT SECTIONS 2-65-20 THROUGH 2-65-100 AS CONTAINED IN REVISED VOLUME 1; TO ADOPT AND DESIGNATE CERTAIN PROVISIONS OF ACT 651 OF 1978, AS AMENDED BY SECTION 10 OF PART II OF ACT 151 OF 1983, AS PART OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976; TO ADOPT CERTAIN ANNOTATIONS TO SECTIONS WHICH INDICATED THESE SECTIONS WERE IMPLIEDLY REPEALED ARE ADOPTED AS PART OF THE 1976 CODE OF LAWS OF SOUTH CAROLINA AND MUST BE INCLUDED IN VOLUMES 1 AND 14 IN THE 1986 CUMULATIVE SUPPLEMENT; TO AMEND SECTION 2-13-90, AS AMENDED, RELATING TO THE PREPARATION AND ADOPTION OF REVISED CODE VOLUMES, SO AS TO REQUIRE THAT ALL REPLACEMENT VOLUMES SHALL INCLUDE AN ANNOTATION TO ANY GENERAL PERMANENT STATUTORY LAW WHICH WAS IMPLIEDLY REPEALED; AND TO ADOPT THE 1985 CUMULATIVE SUPPLEMENTS TO THE CODE OF LAWS AS PART OF THE CODE AND PROVIDE THAT THESE SUPPLEMENTS, VOLUMES AS SUPPLEMENTED BY THEM, AND THE REPLACEMENT VOLUMES CONSTITUTE THE ONLY GENERAL PERMANENT STATUTORY LAWS OF THE STATE AS OF JANUARY 1, 1986.

(R506) S. 1263 -- Senators Ravenel, Fielding and McConnell: AN ACT TO AMEND SECTIONS 6-25-20 AND 6-25-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOINT MUNICIPAL WATER SYSTEMS, SO AS TO DEFINE "COST", OR "COST OF A PROJECT", CHANGE THE DEFINITION OF "MUNICIPALITY", "MEMBER OF A JOINT SYSTEM", "REVENUE BONDS", AND "BONDS", TO PROVIDE ADDITIONAL POWERS FOR JOINT MUNICIPAL WATER SYSTEMS, AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 6-25-111, 6-25-112, 6-25-113, 6-25-114, 6-25-125, 6-25-126, 6-25-127, 6-25-128, 6-25-145, AND 6-25-155 SO AS TO AUTHORIZE THE ISSUANCE OF BONDS FOR JOINT MUNICIPAL WATER SYSTEMS.

(R507) S. 793 -- Senator J.V. Smith: AN ACT TO AMEND SECTIONS 43-30-20, 43-30-50, 43-30-60, AND 43-30-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLIENT-PATIENT PROTECTION ACT, SO AS TO CHANGE THE REFERENCE TO NURSING HOME OMBUDSMAN TO OMBUDSMAN AND TO CHANGE OBSOLETE REFERENCES.

(R508) S. 450 -- Senator Hayes: AN ACT TO AMEND SECTION 5-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICE JURISDICTION AND AUTHORITY OF MUNICIPALITIES BORDERING ON THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN, SO AS TO INCLUDE IN THE JURISDICTION AND AUTHORITY THE AREA LYING BETWEEN THE HIGH-WATER MARK AND THE LOW-WATER MARK OF ANY OTHER NAVIGABLE BODY OF WATER AND AREAS BORDERING ON NAVIGABLE BODIES OF WATER RUNNING THROUGH A MUNICIPALITY OR CONTAINED WHOLLY WITHIN THE MUNICIPALITY.

(R509) S. 1057 -- Senator Long: AN ACT TO AMEND SECTION 61-9-61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL TRANSFER OF BEER OR WINE TO ANY PERSON UNDER THE AGE OF EIGHTEEN SO AS TO RAISE THIS AGE TO TWENTY AND EFFECTIVE SEPTEMBER 14, 1986, TO TWENTY-ONE, AND TO PROVIDE THAT IF THE PROVISIONS OF PUBLIC LAW 98-363 ARE ENJOINED BY A COURT OF COMPETENT JURISDICTION OR DECLARED TO BE UNCONSTITUTIONAL, THE ABOVE PROVISIONS SHALL NOT TAKE EFFECT.

(R510) S. 1059 -- Senator Long: AN ACT TO AMEND SECTION 61-9-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED ACTS ON THE PREMISES OF ESTABLISHMENTS LICENSED TO SELL BEER OR WINE SO AS TO PROVIDE THAT NO BEER OR WINE MAY BE SOLD ON THESE PREMISES TO A PERSON UNDER THE AGE OF TWENTY AND EFFECTIVE SEPTEMBER 14, 1986, UNDER TWENTY-ONE, AND TO PROVIDE THAT IF THE PROVISIONS OF PUBLIC LAW 98-363 ARE ENJOINED BY A COURT OF COMPETENT JURISDICTION OR DECLARED TO BE UNCONSTITUTIONAL, THE ABOVE PROVISIONS SHALL NOT TAKE EFFECT.

(R511) S. 947 -- Senators Bryan and Long: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 39 SO AS TO ENACT THE SOUTH CAROLINA SELF-SERVICE STORAGE FACILITY ACT; TO PROVIDE THAT THE OWNER OF A SELF-SERVICE STORAGE FACILITY HAS A LIEN UPON ALL PERSONAL PROPERTY LOCATED IN A FACILITY WHEN THE OCCUPANT IS CONSIDERED IN DEFAULT; AND TO PROVIDE A PROCEDURE FOR THE ENFORCEMENT OF THE LIEN.

(R512) S. 985 -- Senators Dennis, Lindsay and Holland: AN ACT TO AMEND SECTIONS 9-1-1140, AS AMENDED, 9-1-1710, AND 9-11-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LUMP-SUM CONTRIBUTIONS BY A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO BECOME ENTITLED TO CREDITABLE SERVICE FOR OUT-OF-STATE SERVICE, SO AS TO PROVIDE THAT A MEMBER WHO ELECTS TO RECEIVE CREDITABLE OUT-OF-STATE SERVICE MAY ESTABLISH A PORTION OF THE SERVICE ON A ONE-TIME BASIS.

(R513) S. 459 -- Senators Horace C. Smith, Mitchell, Theodore, J. Verne Smith, Drummond, Newman, Doar, Waddell, Land, Nell Smith and Long: AN ACT TO ENACT "THE OMNIBUS CRIMINAL JUSTICE IMPROVEMENTS ACT OF 1986" WHICH INCLUDES PROVISIONS TO AMEND CHAPTER 25 OF TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENT AND EXECUTION, BY ADDING ARTICLE 2 SO AS TO CREATE A COMMUNITY PENALTIES PROGRAM IN EACH JUDICIAL CIRCUIT OF THIS STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 24-21-475 SO AS TO PROVIDE FOR A SHOCK PROBATION PROGRAM FOR DEFENDANTS CONVICTED OF CERTAIN OFFENSES; TO AMEND THE 1976 CODE BY ADDING SECTIONS 24-21-480 AND 24-21-485 SO AS TO AUTHORIZE THE ESTABLISHMENT OF THE RESTITUTION CENTER PROGRAM WHERE CERTAIN OFFENDERS MAY BE PLACED AS A CONDITION OF PROBATION; TO AMEND SECTION 24-21-430, RELATING TO CONDITIONS OF PROBATION, SO AS TO AUTHORIZE FURTHER CONDITIONS OF PROBATION; TO AMEND CHAPTER 13 OF TITLE 24, RELATING TO PRISONERS, BY ADDING ARTICLE 11 SO AS TO ESTABLISH PROGRAMS FOR WORK/PUNISHMENT OF INMATES CONFINED TO LOCAL CORRECTIONAL FACILITIES; TO AMEND ARTICLE 3, CHAPTER 1 OF TITLE 42, RELATING TO WORKERS' COMPENSATION, BY ADDING SECTION 42-1-505 SO AS TO PROVIDE THAT THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS MAY ELECT TO COVER PERSONS IN ITS CUSTODY UNDER WORKERS' COMPENSATION; TO AMEND SECTION 24-3-40, AS AMENDED, RELATING TO PRISONERS, SO AS TO PROVIDE FOR CERTAIN WITHHOLDING FROM THE WAGES OF PRISONERS WORKING AT PAID EMPLOYMENT IN THE COMMUNITY FOR THE PURPOSE OF SUPPORTING CERTAIN VICTIM ASSISTANCE PROGRAMS; TO AMEND SECTION 24-21-13, RELATING TO PROBATION, PAROLE AND PARDON, SO AS TO AUTHORIZE THE PAROLE AND COMMUNITY CORRECTIONS BOARD TO DEVELOP POLICIES FOR PUBLIC SERVICE WORK PROGRAMS AND LITTER CONTROL PROGRAMS FOR CERTAIN OFFENDERS; TO AMEND ARTICLE 2, CHAPTER 23 OF TITLE 24, RELATING TO SENTENCING AND PROBATION PROCEDURES BY ADDING SECTION 24-23-115 SO AS TO AUTHORIZE THE COURT OF GENERAL SESSIONS TO REQUIRE DEFENDANTS CONVICTED OF A CRIMINAL OFFENSE TO PERFORM PUBLIC SERVICE WORK FOR SPECIFIED GOVERNMENTAL AGENCIES OR NONPROFIT ORGANIZATIONS; TO AMEND SECTION 20-7-1350, RELATING TO FAMILY COURTS, SO AS TO PROVIDE THAT FAMILY COURT JUDGES ARE EMPOWERED TO UTILIZE CERTAIN PUBLIC SERVICE WORK AS A PUNISHMENT FOR CONTEMPT OF COURT; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO CREDIT GIVEN CONVICTS FOR GOOD BEHAVIOR, SO AS TO PROVIDE FOR GOOD BEHAVIOR CREDIT TO BE GIVEN TO PRISONERS INCARCERATED IN A LOCAL CORRECTIONAL FACILITY; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO PRISONERS, SO AS TO PROVIDE THAT CERTAIN INMATES IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS MAY EARN CREDITS AGAINST THEIR SENTENCES FOR PARTICIPATING IN CERTAIN EDUCATIONAL OR VOCATIONAL PROGRAMS AND TO PROVIDE THAT INMATES SERVING SENTENCES IN LOCAL FACILITIES MAY EARN CREDITS AGAINST SENTENCE FOR PRODUCTIVE DUTY ASSIGNMENTS; TO AMEND SECTION 17-25-70, RELATING TO CERTAIN MALE CONVICTS WORKING ON CHAIN GANGS, SO AS TO AUTHORIZE THE OFFICIAL IN CHARGE OF A LOCAL CORRECTIONAL FACILITY TO REQUIRE ABLE-BODIED INMATES IN THE FACILITY TO PERFORM LABOR ON THE PUBLIC WORKS OR WAYS; TO REPEAL SECTION 17-25-90, RELATING TO THE REQUIRED PLACE TO SERVE CERTAIN SENTENCES; TO AMEND SECTION 24-3-1120, RELATING TO THE PRISON OVERCROWDING POWERS ACT, SO AS TO REVISE THE DEFINITION OF PRISONERS WHO QUALIFY FOR EARLY RELEASE UNDER THIS ACT; TO AMEND SECTION 24-3-1130, RELATING TO THE REQUIREMENTS FOR THE DECLARATION OF EMERGENCIES UNDER THE PRISON OVERCROWDING POWERS ACT, SO AS TO DELETE CERTAIN OF THESE REQUIREMENTS IN REGARD TO UTILIZATION OF TEMPORARY STRUCTURES AND UNUSED BUILDINGS; TO AMEND SECTION 24-3-1140, RELATING TO THE BOARD OF CORRECTIONS' DETERMINATION OF THE APPROPRIATENESS OF ACTIONS TO REDUCE THE PRISON POPULATION AND A REPORT TO THE GOVERNOR THEREON, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF THIS REPORT; TO AMEND SECTION 24-3-1160, RELATING TO THE POWERS OF THE GOVERNOR TO REDUCE THE PRISON POPULATION, SO AS TO FURTHER PROVIDE FOR THESE POWERS; TO AMEND SECTION 24-3-1170, RELATING TO THE ADVANCEMENT OF PRISONERS' RELEASE DATES, SO AS TO REQUIRE THAT A SPECIFIED NUMBER OF QUALIFIED PRISONERS MUST BE CONDITIONALLY RELEASED OR SPECIFIED FOR RELEASE; TO AMEND SECTION 24-3-1190, RELATING TO FURTHER ADVANCEMENT OF PRISONERS' RELEASE DATES, SO AS TO PROVIDE THAT DURING THE STATE OF EMERGENCY THE BOARD OF PAROLE AND COMMUNITY CORRECTIONS SHALL CONTINUE TO RELEASE PRISONERS MONTHLY UNTIL THE SPECIFIED NUMBER IS MET BUT THAT NO MORE THAN TWO HUNDRED INMATES MAY BE RELEASED IN ANY THIRTY-DAY PERIOD; TO AMEND SECTION 24-3-2020, RELATING TO REVOCATION OF CONDITIONAL ADVANCEMENT OF RELEASE DATES, SO AS TO FURTHER PROVIDE FOR THIS REVOCATION, TO AMEND SECTION 24-3-2030, RELATING TO THE PRESCRIBING OF THE CONDITIONS OF SUPERVISION UPON THE ADVANCEMENT OF RELEASE DATES, SO AS TO PROVIDE THAT THE BOARD OF PAROLE AND COMMUNITY CORRECTIONS SHALL RATE THE RISK OF INMATES TO THE COMMUNITY TO DETERMINE WHICH QUALIFIED PRISONERS ARE TO BE RELEASED, TO PROVIDE THAT THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS SHALL NOTIFY THE VICTIM BEFORE RELEASING AN INMATE AND THE VICTIM IS ENTITLED TO SUBMIT A STATEMENT REGARDING THE RELEASE, AND TO FURTHER PROVIDE FOR THESE CONDITIONS OF SUPERVISION; TO REPEAL SECTION 24-3-2000, RELATING TO CERTAIN POWERS OF THE GOVERNOR UNDER THE PRISON OVERCROWDING POWERS ACT AND SECTION 24-3-2040, RELATING TO ADVANCEMENT OF RELEASE DATES TO BE INDEPENDENT OF ALL OTHER ADJUSTMENTS OF RELEASE DATES; TO AMEND SECTION 16-3-26, RELATING TO THE PUNISHMENT FOR MURDER AND THE SEEKING OF THE DEATH PENALTY, SO AS TO FURTHER PROVIDE FOR THE PAYMENT OF ATTORNEY'S FEES AND COSTS BY THE STATE FOR THE DEFENSE OF INDIGENTS IN THESE CASES; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROVIDE THAT WHERE AN AGGRAVATING CIRCUMSTANCE IS FOUND AND A RECOMMENDATION OF THE DEATH PENALTY IS NOT MADE, THE COURT MUST IMPOSE A SENTENCE OF LIFE IMPRISONMENT WITHOUT ELIGIBILITY FOR PAROLE UNTIL THE SERVICE OF THIRTY YEARS, TO FURTHER PROVIDE FOR THESE AGGRAVATING CIRCUMSTANCES, TO PROVIDE THAT IF THE JURY FINDS AN AGGRAVATING CIRCUMSTANCE AND DOES NOT RECOMMEND THE DEATH PENALTY, ALL MEMBERS OF THE JURY SHALL IN WRITING DESIGNATE THE AGGRAVATING CIRCUMSTANCE FOUND, AND TO FURTHER PROVIDE FOR THE QUESTIONING OF THE JURY AND THE CERTIFICATION BY THE JURY IN WRITING OF THE FINDING OF AN AGGRAVATING CIRCUMSTANCE; TO AMEND SECTION 16-23-490, RELATING TO THE ADDITIONAL PENALTY FOR THE POSSESSION OF A FIREARM DURING THE COMMISSION OF CERTAIN CRIMES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF COMMITTING OR ATTEMPTING TO COMMIT A VIOLENT CRIME WHILE IN THE POSSESSION OF A FIREARM OR WHO VISIBLY DISPLAYS A FIREARM OR KNIFE DURING THE COMMISSION OF A VIOLENT CRIME SHALL, IN ADDITION TO PUNISHMENT FOR THE CRIME, RECEIVE AN ADDITIONAL FIVE-YEAR TERM OF IMPRISONMENT AND TO PROVIDE CERTAIN EXCEPTIONS TO AND CONDITIONS OF THIS ADDITIONAL SENTENCE; TO DESIGNATE SECTION 1 OF ACT 185 OF 1977 AS SECTION 24-13-610 OF THE 1976 CODE WHICH RELATES TO THE AUTHORIZATION OF EXTENDED WORK RELEASE PROGRAMS AND TO AMEND SECTION 24-23-610 SO AS TO PROVIDE THAT NO PERSON CONVICTED OF MURDER OR CRIMINAL SEXUAL CONDUCT IN THE FIRST OR SECOND DEGREE MAY PARTICIPATE IN THIS EXTENDED WORK RELEASE PROGRAM; TO AMEND SECTION 24-21-640, AS AMENDED, RELATING TO THE CIRCUMSTANCES WARRANTING PAROLE, SO AS TO PROVIDE THAT PAROLE IS NOT AUTHORIZED TO ANY PRISONER SERVING A SENTENCE FOR A SECOND SUBSEQUENT CONVICTION FOR A VIOLENT CRIME; TO AMEND SECTION 24-21-645, RELATING TO PROVISIONAL PAROLE ORDERS, AND SECTION 24-21-650, AS AMENDED, RELATING TO PAROLE ORDERS, SO AS TO PROVIDE AT LEAST TWO-THIRDS OF THE MEMBERS OF THE BOARD OF PAROLE AND COMMUNITY CORRECTIONS MUST SIGN THESE ORDERS AUTHORIZING PAROLE FOR PERSONS CONVICTED OF A VIOLENT CRIME, AND TO PROVIDE UPON A NEGATIVE DETERMINATION OF THE PAROLE, PRISONERS IN CONFINEMENT FOR A VIOLENT CRIME MUST HAVE THEIR CASES REVIEWED EVERY TWO YEARS FOR THE PURPOSE OF A DETERMINATION OF PAROLE; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-60 SO AS TO PROVIDE FOR THE DEFINITION OF A VIOLENT CRIME; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-70 SO AS TO PROVIDE FOR THE DEFINITION OF A NONVIOLENT CRIME; TO AMEND SECTION 24-21-610, AS AMENDED, RELATING TO PART OF A SENTENCE REQUIRED TO BE SERVED BY A PRISONER AS A PREREQUISITE TO PAROLE, SO AS TO REVISE THE MINIMUM SENTENCES REQUIRED TO BE SERVED BY CERTAIN PRISONERS AS A PREREQUISITE TO PAROLE; TO AMEND SECTION 24-13-710, AS AMENDED, RELATING TO THE SUPERVISED FURLOUGH PROGRAM, SO AS TO REVISE THE TYPE OF INMATES WHO ARE NOT ELIGIBLE FOR THIS PROGRAM; TO AMEND SECTION 17-25-45, RELATING TO LIFE SENTENCES FOR PERSONS CONVICTED THREE TIMES OF CERTAIN CRIMES, SO AS TO REVISE THESE CRIMES AND TO PROVIDE THAT THIS SENTENCE MUST BE LIFE IMPRISONMENT WITHOUT PAROLE; TO PROVIDE THAT ANY STATE OR LOCAL PRISONER WHO IS NOT IN THE HIGHEST TRUSTY GRADE AND WHO IS ASSIGNED TO A WORK DETAIL OUTSIDE THE CONFINES OF ANY CORRECTIONAL FACILITY SHALL WEAR A STATEWIDE UNIFORM; TO PROVIDE THAT NO PERSON CONVICTED OF A VIOLENT CRIME CAN BE RELEASED BACK INTO THE COMMUNITY IN WHICH HE COMMITTED THE OFFENSE UNDER THE WORK RELEASE PROGRAM; TO AMEND SECTIONS 14-1-210, 14-1-220, AND 14-1-230, RELATING TO THE ESTABLISHMENT OF CERTAIN COST OF COURT FEES TO FUND LOCAL CORRECTIONAL FACILITIES, SO AS TO PROVIDE THAT NO COST OF COURT FEES MAY BE ASSESSED WHERE A TERM OF IMPRISONMENT ONLY IS IMPOSED AS THE PUNISHMENT AND TO REVISE THE PURPOSES FOR WHICH THESE FUNDS MAY BE USED; TO PROVIDE THAT ANY NEW PROGRAM ESTABLISHED UNDER THIS ACT OR ANY CHANGE IN ANY EXISTING PROGRAM MAY ONLY BE IMPLEMENTED TO THE EXTENT THAT APPROPRIATIONS FOR SUCH PROGRAMS HAVE BEEN AUTHORIZED BY THE GENERAL ASSEMBLY; TO PROVIDE FOR CERTAIN FACTORS WHICH MAY BE CONSIDERED WHEN DETERMINING THE LOCATION OF NEW CORRECTIONAL FACILITIES TO BE CONSTRUCTED BY THE STATE; AND TO AMEND SECTION 16-3-28, RELATING TO THE RIGHT OF THE DEFENDANT TO MAKE THE LAST ARGUMENT IN ANY CRIMINAL TRIAL WHERE THE MAXIMUM PENALTY THAT MAY BE IMPOSED IS DEATH, SO AS TO PROVIDE THAT THE DEFENDANT AND HIS COUNSEL SHALL HAVE THE RIGHT TO MAKE THE LAST ARGUMENT.

(R514) H. 2266 -- Judiciary Committee: AN ACT TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 78 SO AS TO ENACT THE SOUTH CAROLINA TORT CLAIMS ACT; TO AMEND SECTION 59-67-710, AS AMENDED, RELATING TO INSURANCE ON STATE-OWNED SCHOOL BUSES AND THE LIMITS OF LIABILITY INVOLVING SCHOOL BUS ACCIDENTS, SO AS TO REVISE THESE LIMITS AND THE AMOUNTS AND TYPES OF DAMAGES RECOVERABLE IN THESE ACCIDENTS; TO AMEND SECTION 59-67-790, AS AMENDED, RELATING TO THE MAJOR MEDICAL BENEFITS FUND TO PROVIDE BENEFITS FOR BODILY INJURIES TO SCHOOL BUS PASSENGERS UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE LIMITS OF AND AMOUNT OF BENEFITS PAYABLE FROM THIS FUND, AND DESIGNATE THE NAME OF THE FUND AS THE PUPIL INJURY INSURANCE FUND, TO PROVIDE THAT IF THE AMOUNT OF A VERDICT OR JUDGMENT IS NOT SATISFIED BY REASON OF THE MONETARY LIMITATIONS OF CHAPTER 78 UPON RECOVERY FROM THE STATE OR POLITICAL SUBDIVISION THEREOF, THE PLAINTIFF'S INSURANCE COMPANY, SUBJECT TO THE UNDERINSURED AND UNINSURED DEFENDANT PROVISIONS OF THE PLAINTIFF'S INSURANCE POLICY, SHALL COMPENSATE THE PLAINTIFF FOR THE DIFFERENCE BETWEEN THE AMOUNT OF THE VERDICT OR JUDGMENT AND THE PAYMENT BY THE POLITICAL SUBDIVISION, AND TO PROVIDE THAT IF A CAUSE OF ACTION IS BARRED UNDER CHAPTER 78, THE PLAINTIFF'S INSURANCE COMPANY MUST COMPENSATE HIM FOR HIS LOSSES SUBJECT TO THE AFOREMENTIONED PROVISIONS OF HIS INSURANCE POLICY; AND TO REPEAL ARTICLE 3, CHAPTER 77 OF TITLE 15; ARTICLE 13, CHAPTER 5 OF TITLE 57; ARTICLE 9, CHAPTER 17 OF TITLE 57; AND SECTION 5-7-70 OF THE 1976 CODE ALL RELATING TO CERTAIN DAMAGE CLAIMS OR SUITS THEREON.

(R515) H. 2818 -- Reps. Wilkins, Evatt, Beasley and Alexander: AN ACT TO AMEND SUBARTICLE 3 OF ARTICLE 13 OF CHAPTER 7 OF TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S BUREAU, BY ADDING SECTION 20-7-2327 SO AS TO PROVIDE FOR THE PLACEMENT OF CHILDREN BY THE CHILDREN'S BUREAU; BY ADDING SECTION 20-7-2335 SO AS TO PROVIDE FOR THE REQUIREMENTS OF PLACEMENT; BY ADDING SECTION 20-7-2337 SO AS TO PROVIDE FOR THE CONTENTS OF RECORDS OF PLACEMENT; BY ADDING SECTION 20-7-2345 SO AS TO PROVIDE FOR THE CHILDREN'S BUREAU TO BE THE GUARDIAN OF CHILDREN COMMITTED TO ITS CARE AND TO REQUIRE THE CHILDREN'S BUREAU'S CONSENT TO ADOPTION OF THE CHILDREN; BY ADDING SECTION 20-7-2355 SO AS TO PROVIDE FOR THE REQUIREMENTS RELATING TO REMOVAL OF CHILDREN FROM THE BIOLOGICAL MOTHER; AND BY ADDING SECTION 20-7-2365 SO AS TO REQUIRE NOTIFICATION TO THE CHILDREN'S BUREAU OF CHILDREN BROUGHT INTO THIS STATE AND REPORTS ON THE LOCATION AND WELL-BEING OF THE CHILDREN; TO AMEND SUBARTICLE 7 OF ARTICLE 11 OF CHAPTER 7 OF TITLE 20, AS AMENDED, RELATING TO ADOPTION, SO AS TO PROVIDE FOR THE SUBARTICLE TO BE CITED AS THE SOUTH CAROLINA ADOPTION ACT; TO ESTABLISH THE PURPOSE OF THE SUBARTICLE; TO DEFINE TERMS; TO SET FORTH NEW PROVISIONS AS TO WHO MAY ADOPT A CHILD; TO DELETE THE PROVISIONS DETAILING CERTAIN REQUIREMENTS OF ADOPTION PROCEEDINGS; TO PROVIDE FOR THE FAMILY COURT TO HAVE EXCLUSIVE JURISDICTION OVER ADOPTION PROCEEDINGS AND WHERE THE PROCEEDINGS MAY BE BROUGHT; TO PROVIDE WHO MUST GIVE CONSENT OR RELINQUISHMENT FOR THE PURPOSE OF ADOPTION; TO PROVIDE FOR THE ASSESSMENT OF ALL COSTS, NOT ONLY INCIDENTAL COSTS, FOR EXPENSES INCURRED OR FEES FOR SERVICES RENDERED IN THE CONSENT OR RELINQUISHMENT; TO PROVIDE WHO IS NOT REQUIRED TO GIVE CONSENT OR RELINQUISHMENT; TO REQUIRE CONSENTS OR RELINQUISHMENTS TO BE MADE BY A SWORN DOCUMENT TO BE FILED IN COURT, FOR THE SPECIFICATIONS OF THE DOCUMENT, AND FOR WITNESSING OF THE DOCUMENT; TO PROVIDE WHEN CONSENTS OR RELINQUISHMENTS MAY BE GIVEN; TO ALLOW WITHDRAWAL OF CONSENTS OR RELINQUISHMENTS AND TO REQUIRE FILING IN COURT OF REASONS FOR WITHDRAWAL; TO DELETE THE REFERENCES TO INTERLOCUTORY ADOPTION DECREE; TO DELETE THE REQUIREMENT THAT ADOPTION PETITIONS MUST BE FILED IN DUPLICATE AND VERIFIED BY THE PETITIONERS; TO PROVIDE FOR THE CONTENTS OF AN ADOPTION PETITION AND THE INFORMATION WHICH MUST BE FILED WITH THE PETITION; TO PROVIDE FOR APPOINTMENT OF A GUARDIAN AD LITEM; TO PROVIDE WHO IS ENTITLED TO NOTICE OF ADOPTION PROCEEDINGS AND THE REQUIREMENTS OF THE NOTICE AND OF INTENT TO CONTEST, INTERVENE, OR OTHERWISE RESPOND; TO PROVIDE FOR TEMPORARY CUSTODY OF THE ADOPTEE; TO PROVIDE NEW REQUIREMENTS FOR THE CONTENTS OF REPORTS ON PREPLACEMENT, BACKGROUND, AND POSTPLACEMENT INVESTIGATIONS, WHICH MUST BE COMPLETED PRIOR TO THE FINAL HEARING FOR ADOPTION OF A CHILD; TO DELETE THE PROVISIONS SETTING FORTH ADOPTION REQUIREMENTS WHEN THE CHILD IS RELATED BY BLOOD OR MARRIAGE TO THE PETITIONER OR IS THE STEPCHILD OF THE PETITIONER; TO REQUIRE CERTIFICATION OF CERTAIN PERSONS INVESTIGATING THE ADOPTION OF A CHILD OR OBTAINING A CONSENT OR RELINQUISHMENT, PROVIDE FOR PROMULGATION OF REGULATIONS RELATING TO CERTIFICATION, ALLOW CERTIFIED PERSONS TO CHARGE FEES, AND PROVIDE FOR A DIRECTORY OF CERTIFIED PERSONS; TO PROVIDE NEW REQUIREMENTS FOR FINAL HEARINGS ON ADOPTION PETITIONS; TO PROVIDE FOR THE CONDITIONS UNDER WHICH ADOPTIONS MAY BE GRANTED; TO PROVIDE FOR THE REQUIREMENTS OF THE CONTENTS OF AN ADOPTION DECREE; TO PROVIDE FOR THE EFFECTS OF AN ADOPTION DECREE ON THE ADOPTEE, THE ADOPTIVE PARENT, AND THE BIOLOGICAL PARENTS OF THE ADOPTEE; TO REQUIRE AN ACCOUNTING OF DISBURSEMENTS MADE IN CONNECTION WITH THE ADOPTION, WHICH MUST BE VERIFIED BY THE PETITIONER, AND PROVIDE FOR ITS CONTENTS; TO REQUIRE THE CONFIDENTIALITY OF PAPERS AND RECORDS PERTAINING TO THE ADOPTION; TO PROVIDE FOR ADDITIONAL NONIDENTIFYING INFORMATION WHICH MAY BE DISCLOSED; TO PROVIDE THE CONDITIONS UNDER WHICH THE IDENTITIES OF THE ADOPTEE AND HIS BIOLOGICAL PARENTS AND SIBLINGS MUST BE DISCLOSED; TO PROVIDE FOR APPEALS AS IN OTHER FAMILY COURT MATTERS INSTEAD OF CIVIL MATTERS; AND TO PROVIDE FOR THE REQUIREMENTS RELATING TO THE ADOPTION OF A SPOUSE'S CHILD, A CHILD RELATED BY BLOOD OR MARRIAGE, AND ADULTS; AND TO REPEAL SECTIONS 20-7-1830 THROUGH 20-7-1890, RELATING TO THE CHILDREN'S BUREAU.

(R516) H. 3159 -- Rep. McEachin: AN ACT TO AMEND SECTION 44-63-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR REGISTERING BIRTH BY WAY OF A DELAYED BIRTH CERTIFICATE, SO AS TO PROVIDE THAT THE FAMILY COURT HAS JURISDICTION OF THESE MATTERS RATHER THAN THE COURT OF COMMON PLEAS.

(R517) H. 3430 -- Reps. Evatt, Wilkins and Beasley: AN ACT TO AMEND SECTION 20-7-780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF JUVENILE RECORDS AND TO THE NONDISCLOSURE OF IDENTIFIABLE INFORMATION PERTAINING TO JUVENILES SO AS TO PERMIT THE DEPARTMENT OF YOUTH SERVICES TO PHOTOGRAPH JUVENILES IN ADDITION TO ITS AUTHORITY TO FINGERPRINT JUVENILES, TO ALLOW THE DEPARTMENT TO FURNISH THESE PHOTOGRAPHS AND FINGERPRINTS TO LAW ENFORCEMENT AGENCIES AND THE MISSING PERSONS INFORMATION CENTER FOR CERTAIN PURPOSES, AND TO DELETE OUTDATED REFERENCES TO THE DEPARTMENT OF JUVENILE PLACEMENT AND AFTERCARE.

(R518) H. 3506 -- Rep. Sheheen: AN ACT TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 30, SO AS TO ESTABLISH THE HOURS THAT A MASSEUR OR MASSEUSE MAY OPERATE A BUSINESS; TO PROHIBIT A MASSEUR OR MASSEUSE FROM TREATING PERSONS OF THE OPPOSITE SEX, AND TO MAKE EXCEPTIONS; TO PROHIBIT ANY PERSON UNDER THE AGE OF EIGHTEEN FROM PATRONIZING A MASSAGE PARLOR; TO ESTABLISH INSTRUCTIONS FOR ANY ESTABLISHMENT EMPLOYING A MASSEUR OR MASSEUSE; TO PROVIDE EXEMPTIONS FROM THE PROVISIONS OF THIS ACT; TO PROVIDE A PENALTY FOR A VIOLATION; TO AMEND SECTION 44-79-40, RELATING TO PROHIBITED CONTRACTUAL PROVISIONS REGARDING PHYSICAL FITNESS SERVICES, SO AS TO AUTHORIZE A CENTER WHICH DEMONSTRATES FINANCIAL RESPONSIBILITY TO THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS AND HAS BEEN IN OPERATION FOR FIVE YEARS OR MORE IN THIS STATE TO OFFER CONTRACTS FOR PHYSICAL FITNESS SERVICES FOR A PERIOD NOT EXCEEDING THIRTY-SIX MONTHS IF APPROVED IN WRITING BY THE ADMINISTRATOR; AND TO REPEAL CHAPTER 29 OF TITLE 40 RELATING TO THE LICENSING OF MASSEURS AND MASSEUSES.

(R519) H. 3537 -- Reps. Felder and Lloyd Hendricks: AN ACT TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX SO AS TO PROVIDE THAT EFFECTIVE JULY 1, 1987, TELEPHONE CARRIER ACCESS CHARGES AND CUSTOMER ACCESS LINE CHARGES ESTABLISHED BY THE FEDERAL COMMUNICATIONS COMMISSION OR THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION ARE ALSO EXEMPT FROM THE SALES TAX.

(R520) H. 3685 -- Reps. Fair, Mattos, Brett and Hayes: AN ACT TO AMEND SECTION 61-3-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED NEWSPAPER NOTICES OF INTENTION TO APPLY FOR ALCOHOLIC LIQUOR LICENSES; TO AMEND SECTION 61-5-50, RELATING TO THE GRANTING OF LICENSES TO SELL ALCOHOLIC BEVERAGES IN SEALED CONTAINERS OF TWO OUNCES OR LESS; AND TO AMEND SECTION 61-9-320, AS AMENDED, RELATING TO BEER AND WINE PERMITS, SO AS TO PROVIDE THAT A NOTICE MUST ALSO BE POSTED ON A SIGN AT THE LOCATION OF THE PROPOSED BUSINESS WHICH CONTAINS CERTAIN INFORMATION PERTAINING TO THE LICENSE OR PERMIT APPLICATION.

(R521) H. 3826 -- Rep. T.M. Burriss: AN ACT TO AMEND SECTION 34-21-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO TRUST BUSINESS, SO AS TO INCLUDE WITHIN THE DEFINITION OF "TRUST INSTITUTION" ANY TRUST COMPANY AUTHORIZED TO ACT IN A FIDUCIARY CAPACITY IN THIS STATE AND UNDER THE SUPERVISION OF THE COMPTROLLER OF THE CURRENCY OF THE UNITED STATES, OR THE FEDERAL RESERVE SYSTEM OR THE STATE BOARD OF BANK CONTROL, AND TO ADD THE DEFINITION OF "AFFILIATE"; TO AMEND SECTION 34-21-220, RELATING TO THE COLLECTIVE INVESTMENT OF FUNDS BY A TRUST INSTITUTION, SO AS TO AUTHORIZE THE AFFILIATE OF A TRUST INSTITUTION TO INVEST IN COMMON TRUST FUNDS WHICH ARE MAINTAINED BY THE TRUST INSTITUTION.

(R522) H. 3838 -- Rep. Cork: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF LA PENTOLA, INC.

(R523) H. 3872 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, DIVISION OF STATE FIRE MARSHAL, RELATING TO FIRE PREVENTION AND LIFE SAFETY, DESIGNATED AS REGULATION DOCUMENT NUMBER 666, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

(R524) H. 3914 -- Rep. J. Anderson: AN ACT TO AMEND ACT 571 OF 1967, RELATING TO THE CREATION OF THE EDGEFIELD COUNTY WATER AND SEWER AUTHORITY, SO AS TO AUTHORIZE THE MEMBERS OF THE AUTHORITY TO RECEIVE MILEAGE, WHILE TRAVELING ON NECESSARY OFFICIAL BUSINESS, AND PER DIEM.

S. 1264--DEBATE ADJOURNED

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. L. MARTIN having the floor.

S. 1264 -- Senator McConnell: A BILL TO AMEND SECTIONS 41-18-40, 41-18-80, AND 41-18-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE, SO AS TO DEFINE SPECIAL INSPECTOR, PROVIDE THAT AN AMUSEMENT DEVICE BE INSPECTED BY A SPECIAL INSPECTOR INSTEAD OF BY THE COMMISSIONER OF THE DEPARTMENT OF LABOR FOR AN INITIAL PERMIT AND INSPECTED BY AN ARCHITECT, PROFESSIONAL ENGINEER, OR AN INSPECTOR OF AN INSURANCE UNDERWRITER FOR A SUBSEQUENT PERMIT, AND TO DELETE THE PROVISION THAT FEES ESTABLISHED BY THE COMMISSIONER OF LABOR MUST BE BASED ON COST OF ADMINISTERING THE PROVISIONS OF THE AMUSEMENT RIDES SAFETY CODE WHICH MUST NOT EXCEED FIFTY DOLLARS.

Rep. L. MARTIN moved to adjourn debate upon the Bill until Tuesday, June 3, which was adopted.

Rep. KLAPMAN moved to adjourn debate upon the Joint Resolution, which was adopted.

H. 3183--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3183 -- Reps. Hayes and Foster: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE THAT SALES OF KEROSENE IN QUANTITIES OF TWENTY GALLONS OR LESS ARE CONSIDERED USED FOR RESIDENTIAL HEATING PURPOSES AND TO MAKE OTHER TECHNICAL CHANGES, AND TO REPEAL SECTION 4, PART II, OF ACT 199 OF 1979 (THE GENERAL APPROPRIATIONS ACT), RELATING TO RESIDENTIAL HEATING FUEL SALES TAX EXEMPTION.

Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3683R), which was adopted.

Amend the bill, as and if amended, item (37) of Section 12-35-550, as added in SECTION 1, page 1, line 6 of the item, by striking /twenty/ and inserting /five/, so that when amended item (37) shall read:

/(37) The gross proceeds of the sale of electricity, natural gas, fuel oil, kerosene, LP gas, coal, or any other combustible heating material or substance used for residential purposes. Individual sales of kerosene of five gallons or less by retail establishments are considered used for residential heating purposes./

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3183--ORDERED TO BE READ THIRDTIME TOMORROW

On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3183 be read the third time tomorrow.

S. 1284--RECONSIDERED AND ORDERED TOTHIRD READING

Rep. KLAPMAN moved to reconsider the vote whereby debate was adjourned on the following Joint Resolution which was agreed to.

The Joint Resolution was read the second time and ordered to third reading.

S. 1284--ORDERED TO BE READ THIRDTIME TOMORROW

On motion of Rep. McLEOD, with unanimous consent, it was ordered that S. 1284 be read the third time tomorrow.

H. 3905--AMENDED AND ORDERED TO THIRD READING

On motion of Rep. KOHN, with unanimous consent, the following Bill was taken up for immediate consideration.

H. 3905 -- Rep. Kohn: A BILL TO PROVIDE THAT THE GOVERNING BODY OF THE NORTH CHARLESTON PUBLIC SERVICE DISTRICT SHALL CONSIST OF FIVE MEMBERS WHO MUST BE ELECTED IN NONPARTISAN ELECTIONS BEGINNING WITH THE YEAR 1986 AND TO PROVIDE FOR THE MANNER IN WHICH THESE MEMBERS ARE ELECTED.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The General Assembly finds that by Act 1768 of 1972, the General Assembly established a sewer district known as the North Charleston Sewer District and a separate special district known as the North Charleston District and terminated the then existing North Charleston Consolidated Public Service District. The General Assembly further finds that under Act 1768 of 1972 the governing commission of the North Charleston Sewer District was also declared to be the governing commission of the North Charleston District. The General Assembly, by this act, has determined to create a separate governing commission for the North Charleston District but not to otherwise amend or alter the functions, duties, responsibilities, rights, privileges and obligations of the District as established by law.

SECTION 2. Notwithstanding any other provision of law: (A) The governing commission of North Charleston District as established by Part Three of Act 1768 of 1972 shall consist of five members who must be elected in nonpartisan elections to be held and conducted in the manner hereinafter provided by this section.

(B) All five members of the governing commission of the District must be elected from the District at large for terms of two years each in a nonpartisan election to be held at the same time as the 1986 general election and at the same time as the general election every two years thereafter. Any vacancy occurring for any reason other than expiration of a term must be filled by appointment of a majority of the Charleston County Legislative Delegation for the remainder of the unexpired term. All members shall serve until their successors are selected and qualify.

(C) The members of the governing commission of the District must be residents of the District and must be elected by the qualified electors of the district. All persons desiring to qualify as a candidate and be elected to the governing commission of the District shall file a petition with the county election commission at least sixty days before the date set for the election but not earlier than ninety days prior to the election signed by at least fifty qualified electors of the district endorsing his candidacy. This petition shall also include the candidate's name, age, voting precinct, period of residence in the district, and other information as the county election commission shall require.

The county commissioners of election shall conduct and supervise the elections for members of the governing commission of the District in the manner governed by the election laws of this State mutatis mutandi. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results thereof. The commissioners shall advertise the date of the election ninety days preceding the election in a newspaper of general circulation published in the District and shall publish a second notice thirty days before the election. The costs of the election must be borne by Charleston County.

The results of the election must be determined in accordance with the nonpartisan plurality method prescribed by Section 1 of Act 81 of 1977.

The members of the governing commission of the District elected in the nonpartisan elections shall take office on the second day of January following their election. The governing commission of the North Charleston Sewer District shall continue to serve as the governing commission of the District until January 2, 1987, at which time the members elected in the manner specified in this section shall take office.

(D) If any member of the governing commission of the District moves his principal residence to a location outside the area of the District or if the location of his principal residence is annexed into a municipality, a vacancy in his office shall exist which must be filled in the manner provided by this section.

(E) At the first meeting of the governing commission of the District in January following each election, the commission shall elect from its membership a chairman, a vice-chairman, and a secretary who shall serve for terms of two years and until their successors are elected and qualify.

SECTION 3. This act shall take effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3905--ORDERED TO BE READ THIRDTIME TOMORROW

On motion of Rep. KOHN, with unanimous consent, it was ordered that H. 3905 be read the third time tomorrow.

INTRODUCTION OF BILL

On motion of Rep. LOCKEMY, with unanimous consent, the following Joint Resolution was introduced, read the first time, and referred to appropriate committee:

H. 3958 -- Rep. Lockemy: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR FISCAL YEAR BEGINNING JULY 1, 1986, AND ENDING JUNE 30, 1987, AND TO AUTHORIZE AND DIRECT THE COUNTY BOARD OF EDUCATION IN CONJUNCTION WITH THE SUPERINTENDENT OF EDUCATION TO KEEP RECORDS OF ALL RECEIPTS AND DISBURSEMENTS OF FUNDS RECEIVED FROM ANY SOURCE, AND SUBMIT A REPORT TO THE DILLON COUNTY LEGISLATIVE DELEGATION BY APRIL FIRST OF EACH YEAR.

Referred to Dillon Delegation .

H. 3550--COMMITTEE OF CONFERENCE APPOINTEDMESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., May 28, 1986

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to:

Whereupon, the Chair appointed Reps. MANGUM, BLANDING and McABEE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 3344 -- Reps. Williams and Day: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-665 SO AS TO ESTABLISH AN ANNUAL REGISTRATION AND LICENSE FEE OF TEN DOLLARS FOR PERSONS WHO ARE SIXTY-FIVE YEARS OF AGE OR OLDER FOR ONE PERSONAL TRUCK UNDER EIGHT THOUSAND POUNDS GROSS WEIGHT AND AN EMPTY WEIGHT OF FIVE THOUSAND POUNDS OR LESS.

Rep. KIRSH explained the Bill.

H. 3412 -- Reps. Mangum, Kirsh, McTeer and Elliott: A BILL TO AMEND SECTION 12-3-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR OBTAINING PROPERTY TAX EXEMPTION, SO AS TO PROVIDE FOR A FILING PERIOD FROM JANUARY FIRST TO APRIL FIFTEENTH FOR PROPERTY OWNED ON DECEMBER THIRTY-FIRST OF THE PREVIOUS YEAR AND TO CLARIFY FILING PROCEDURES FOR VARIOUS EXEMPT ENTITIES.

Rep. KIRSH explained the Bill.

H. 3344--ORDERED TO BE READ THIRDTIME TOMORROW

On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3344 be read the third time tomorrow.

H. 3412--ORDERED TO BE READ THIRDTIME TOMORROW

On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3412 be read the third time tomorrow.

H. 3560--OBJECTIONS

The following Bill was taken up.

H. 3560 -- Reps. Hearn, Sharpe, M.D. Burriss, Koon, Faber, McBride, J.H. Burriss, Sturkie, Jones and Woodruff: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD EXEMPTION, SO AS TO MAKE DEAF MUTES ELIGIBLE FOR THE EXEMPTION.

Rep. HEARN proposed the following Amendment No. 1 (Doc. No. 3682R):

Amend the bill, as and if amended, in the first paragraph of Section 12-37-250, as contained in SECTION 1, by striking /a deaf mute/ beginning on line thirteen of the paragraph and inserting /deaf and cannot speak/.
Amend further, page 2, by striking /mute/ on line six and inserting /person who cannot speak/.

Amend title to conform.

Rep. HEARN explained the amendment.

Rep. J. BRADLEY moved to table the Bill, which was not agreed to by a division vote of 25 to 31.

On motion of Rep. FOXWORTH, with unanimous consent, the following Joint Resolution was introduced, read the first time, and ordered placed on the calendar without reference.

H. 3959 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 653, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

Without reference.

H. 3959--ORDERED TO BE READTHE NEXT TWO SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. FOXWORTH, with unanimous consent, it was ordered that H. 3959 be read the second and third times the next two successive legislative days.

HOUSE STANDS AT EASE

Rep. PETTY moved that the House stand at ease until the Joint Assembly, which motion was adopted.

JOINT ASSEMBLY

At 12:00 Noon the Senate appeared in the Hall of the House.

The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

ELECTION OF A FAMILY COURT JUDGE

The Reading Clerk of the House read the following Concurrent Resolution:

S. 1308 -- Senators Thomas E. Smith, Jr., Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX TWELVE NOON ON WEDNESDAY, MAY 28, 1986, AS THE TIME TO ELECT A SUCCESSOR TO THE FAMILY COURT JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT NUMBER TWO, TO FILL THE UNEXPIRED TERM OF JUDGE RALPH HOFFMAN WHICH TERMINATES FEBRUARY 29, 1988.

The President announced that nominations were in order for a Family Court Judge of the Fifteenth Judicial Circuit, Seat Number Two.

Senator LONG nominated Mrs. Kaye Gorenflo Hearn of Conway as follows:

"Thank you. Mr. President, Mr. Speaker, this morning I have a very, very high privilege and honor. It is my privilege to stand before you this morning and to place the name of a person in nomination who is eminently qualified to serve the people of the state of South Carolina. The young lady, and I say young lady, she is a very young lady in that she was born on January 30, 1950. But I say she is very old in wisdom. She attended Bethany College and graduated magna cum laude. She graduated from the University of South Carolina Law School cum laude. After which, she then served as the legal assistant to the Honorable Julius B. Ness, our present Chief Justice. She is presently a member of the law firm of Stevens, Stevens, Thomas, Hearn and Hearn, and very actively engaged in the practice of Family Court in Horry County. She was appointed in 1984 to the School Board of Law Examiners, and is involved in many civic, charitable, religious, educational, social and fraternal organizations. Aside from her eminent qualifications in the law, and probably the greatest of the reasons that I am so privileged to stand here and place her name in nomination today, is the fact that she's engaged in the family court practice in Horry County and quite often beats me like a drum. But, it's my privilege, of course, to elevate her and to remove that competition that we have in Horry County. Mr. President, Mr. Speaker, it is indeed my pleasure, my privilege, and my honor to place in nomination the name of Kaye Gorenflo Hearn as Judge of the Family Court, Fifteenth Judicial Circuit."

On motion of Senator LONG, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that Mrs. Kaye Gorenflo Hearn was duly elected for the term prescribed by law.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:15 P.M. the House resumed, the SPEAKER in the Chair.

RULE 6.1 WAIVED

Rep. SCHWARTZ moved to waive Rule 6.1, which was agreed to.

Rep. SCHWARTZ moved that the House resolve itself into a Committee of the Whole, which was agreed to.

COMMITTEE OF THE WHOLE

The SPEAKER PRO TEMPORE appointed Rep. BLACKWELL Chairman of the Committee.

THE COMMITTEE RISES

At 12:40 P.M., the Committee arose.

H. 2792--SENATE AMENDMENTS AMENDED

The Senate Amendments to the following Bill were taken up for consideration.

H. 2792 -- Reps. Sheheen, J. Anderson, Gentry, P. Harris, Waldrop and Blackwell: A BILL TO PROVIDE FOR THE SOUTH CAROLINA PROBATE CODE WHICH CONSOLIDATES AND REVISES ASPECTS OF LAW IN THIS STATE RELATING TO THE GENERAL PROBATE DEFINITIONS, PROVISIONS, AND JURISDICTION, INTESTATE SUCCESSION AND WILLS EXCLUSIVE OF ELECTIVE SHARE PROVISIONS, PROBATE OF WILLS AND ADMINISTRATION OF DECEDENT'S ESTATES, LOCAL AND FOREIGN PERSONAL REPRESENTATIVES, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY, NON-PROBATE TRANSFERS, AND TRUSTS AND TRUST ADMINISTRATION; AND TO AMEND SECTIONS 12-15-270, 15-9-450, 15-51-30, 20-7-1770, 20-7-1820, AND 44-23-10 OF THE 1976 CODE AND ACT 690 OF 1976 IN ORDER TO REVISE THEM AND CONFORM THEM TO THE PROVISIONS OF THE SOUTH CAROLINA PROBATE CODE, TO REPEAL TITLE 21, EXCEPT THE FOLLOWING SECTIONS WHICH SHALL BE REDESIGNATED AS SHOWN IN PARENTHESES, 21-1-20 (27-19-120), 21-1-30 (27-5-120), 21-11-120 (12-7-2600), 21-11-130 (12-7-2610), 21-15-40 (12-15-1620), 21-15-410 (12-15-1360), 21-15-420 (12-15-1370), 21-15-1760 (12-15-1630), 21-15-1770 (12-15-1640), 21-15-1780 (12-15-1650), AND 21-21-10 (20-7-100); AND TO REPEAL THE FOLLOWING PROVISIONS OF THE 1976 CODE, 14-23-350, 15-3-70, 15-71-10, 15-71-20, 15-71-30, 15-71-110, 15-71-120, 15-71-130, 15-71-140, 15-71-150, 15-71-160, 15-71-170, 15-71-180, 15-71-190, 15-71-310, 15-71-320, 15-71-330, 18-5-10, 18-5-20, 18-5-30, 18-5-40, 18-5-50, 18-5-60, 18-5-70, 18-5-80, 27-23-100, 32-13-10, 34-11-10, 34-25-80, 44-23-710, 44-23-720, 44-23-730, 44-23-740, 44-23-750, 44-23-760, 44-23-770, 44-23-780, 44-23-790, 44-23-800, 44-23-810, 44-23-820.

Rep. SHEHEEN proposed the following Amendment No. 1, which was adopted.

Amend as and if amended. Page 676 by striking January 1, 1987 and all after "January 1, 1987" and inserting July 1, 1987.

Rep. SHEHEEN explained the amendment.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

H. 3825--DEBATE ADJOURNED

The Senate Amendments to the following Bill were taken up for consideration.

H. 3825 -- Rep. Gentry: A BILL TO AMEND SECTION 4-9-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF MEMBERS OF COUNTY COUNCIL AND REAPPORTIONMENT OF SINGLE-MEMBER ELECTION DISTRICTS, SO AS TO AUTHORIZE MEMBERS TO BE ELECTED AS PROVIDED BY ANY COURT-ORDERED PLAN.

Rep. GENTRY moved to adjourn debate upon the Senate Amendments, which was adopted.

H. 2532--SENATE AMENDMENTS CONCURREDIN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration.

H. 2532 -- Reps. Beasley, J. Rogers, Gentry, Huff, J. Anderson, Toal, Sheheen, Lewis and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 33-42-2030, 33-42-2040, AND 33-42-2050 SO AS TO PROVIDE FOR THE APPLICATION OF ACT 491 OF 1984 (UNIFORM LIMITED PARTNERSHIP ACT OF 1976) TO DOMESTIC LIMITED PARTNERSHIPS; TO AMEND SECTIONS 33-42-20, 33-42-30, 33-42-60, 33-42-210, 33-42-220, 33-42-250, 33-42-290, 33-42-430, 33-42-610, 33-42-1420, 33-42-1430, 33-42-1620, AND 33-42-1640, ALL RELATING TO THE UNIFORM LIMITED PARTNERSHIP ACT OF 1976, SO AS TO MAKE TECHNICAL MODIFICATIONS AND CLARIFY AMBIGUITIES AND PROVIDE THAT THE PROVISIONS OF THIS ACT ARE EFFECTIVE RETROACTIVELY TO JUNE 27, 1984.

Rep. TOAL explained the Senate Amendment.

The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and that it be ordered for ratification.

H. 2846--SENATE AMENDMENTS CONCURREDIN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration.

H. 2846 -- Reps. Keyserling, Washington, T. Rogers, White, McLellan, Barfield, Kirsh, J. Anderson, Toal and Cleveland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-535 SO AS TO MAKE IT UNLAWFUL TO DAMAGE OR DESTROY ANY PLACE, STRUCTURE, OR BUILDING OF WORSHIP.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 2237--DEBATE ADJOURNED

The Senate Amendments to the following Bill were taken up for consideration.

H. 2237 -- Rep. Wilkins: A BILL TO AMEND SECTION 21-15-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME WHEN ACTIONS MAY BE COMMENCED AGAINST EXECUTORS OR ADMINISTRATORS, THE TIME WHEN CLAIMS ARE BARRED, AND NOTICE OF DISALLOWANCE OF CLAIMS, SO AS TO PROVIDE THAT WHEN A CLAIM HAS BEEN FILED AND DISALLOWED, AN ACTION TO ENFORCE THE CLAIM MUST BE BROUGHT WITHIN SIXTY DAYS OF NOTICE OF DISALLOWANCE INSTEAD OF WITHIN SIX MONTHS OF NOTICE OF DISALLOWANCE.

Rep. WILKINS moved to adjourn debate upon the Senate Amendments, which was adopted.

H. 2915--DEBATE ADJOURNED

Rep. McEACHIN moved to adjourn debate upon the following Joint Resolution, which was adopted.

H. 2915 -- Rep. McEachin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9 OF ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO DELETE OBSOLETE LANGUAGE AND LIMIT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY TO FORTY LEGISLATIVE DAYS UNLESS EXTENDED BY A VOTE OF THREE-FOURTHS OF THE MEMBERS ELECTED TO BOTH HOUSES.

RECURRENCE TO THE MORNING HOUR

Rep. KIRSH moved that the House recur to the morning hour.

Rep. J. ROGERS moved to table the motion.

Rep. TOAL demanded the yeas and nays, which were not ordered.

The House refused to table the motion to recur to the morning hour by a division vote of 14 to 32.

The question then recurred to the motion to recur to the morning hour.

Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:

Rep. WILKINS moved to reconsider the vote whereby debate was adjourned on the Senate Amendments to the following Bill, which was agreed to.

H. 2237 -- Rep. Wilkins: A BILL TO AMEND SECTION 21-15-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME WHEN ACTIONS MAY BE COMMENCED AGAINST EXECUTORS OR ADMINISTRATORS, THE TIME WHEN CLAIMS ARE BARRED, AND NOTICE OF DISALLOWANCE OF CLAIMS, SO AS TO PROVIDE THAT WHEN A CLAIM HAS BEEN FILED AND DISALLOWED, AN ACTION TO ENFORCE THE CLAIM MUST BE BROUGHT WITHIN SIXTY DAYS OF NOTICE OF DISALLOWANCE INSTEAD OF WITHIN SIX MONTHS OF NOTICE OF DISALLOWANCE.

Rep. WILKINS moved to commit the Bill to the Committee on Judiciary, which was agreed to.

S. 739 -- Senator Waddell: A BILL TO DESIGNATE THE BRIDGE CONNECTING COOSAW ISLAND TO THE MAINLAND IN BEAUFORT COUNTY THE "L. G. BARNWELL BRIDGE".

S. 739--ORDERED TO THIRD READING

On motion of Rep. KEYSERLING, with unanimous consent, the following Bill was taken up for immediate consideration.

S. 739 -- Senator Waddell: A BILL TO DESIGNATE THE BRIDGE CONNECTING COOSAW ISLAND TO THE MAINLAND IN BEAUFORT COUNTY THE "L. G. BARNWELL BRIDGE".

The Bill was read the second time and ordered to third reading.

S. 739--ORDERED TO BE READ THIRDTIME TOMORROW

On motion of Rep. KEYSERLING, with unanimous consent, it was ordered that S. 739 be read the third time tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3962 -- Reps. Mangum, McAbee, Carnell, P. Harris and Tucker: A CONCURRENT RESOLUTION TO RECOGNIZE MR. BART COX, PRESIDENT OF THE SOUTH CAROLINA BEER ASSOCIATION, UPON BEING NAMED 1986 ASSOCIATION EXECUTIVE OF THE YEAR BY THE SOUTH CAROLINA SOCIETY OF ASSOCIATION EXECUTIVES.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3963 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING THE REVEREND J. BURDELL FLOYD OF NEW ZION, CLARENDON COUNTY, FOR HIS DEDICATED AND DEVOTED SERVICE AS A MEMBER OF THE CLARENDON COUNTY DEPARTMENT OF SOCIAL SERVICES.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3964 -- Reps. Cleveland and McLellan: A CONCURRENT RESOLUTION TO DESIGNATE THAT PORTION OF U.S. HIGHWAY 76, FROM THE HOLLY SPRINGS COMMUNITY IN OCONEE COUNTY TO THE GEORGIA STATE LINE, AS A SCENIC HIGHWAY.

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly hereby designate that portion of U.S. Highway 76, from the Holly Springs community in Oconee County to the Georgia State Line, as a scenic highway.

Be it further resolved that the State Department of Highways and Public Transportation, the Department of Archives and History, and the Department of Parks, Recreation and Tourism shall cooperate in the installation of appropriate markers and signs to implement the designation herein provided for.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Highways and Public Transportation.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3965 -- Reps. Cleveland and McLellan: A CONCURRENT RESOLUTION TO MEMORIALIZE THE U.S. FOREST SERVICE, IN CUTTING TIMBER ON ITS LANDS ADJACENT TO U.S. HIGHWAY 76 FROM THE HOLLY SPRINGS COMMUNITY IN OCONEE COUNTY TO THE GEORGIA STATE LINE, TO LEAVE A REASONABLE UNCUT BUFFER ZONE ADJACENT TO THIS HIGHWAY SO THAT THE BEAUTY AND ESTHETIC VALUE OF THIS HIGHWAY TO THE CITIZENS OF OCONEE COUNTY WILL NOT BE DAMAGED.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

On motion of Rep. KLAPMAN, with unanimous consent, the following was taken up for immediate consideration:

S. 1346 -- Senators Garrison, Doar and Long: A CONCURRENT RESOLUTION TO REQUEST THE STATE HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO INVESTIGATE AND CORRECT RECENT INCIDENCES OF UNSANITARY AND UNSIGHTLY REST ROOMS AT REST AREAS LOCATED ALONG THE INTERSTATE HIGHWAYS OF THIS STATE.

Whereas, it has come to the attention of the members of the General Assembly through direct contact with persons complaining of the unsanitary and unsightly conditions of the rest rooms at rest areas located along the interstate highways of this State; and

Whereas, since tourism is the number two industry in this State, with many travelers frequenting the rest rooms at rest areas as they travel into and through our State, it is important to demonstrate this State's attitude toward its image; and

Whereas, a rest room at a rest area adjacent to an interstate highway in South Carolina may be the first and last impression that this person may have of our Palmetto State; and

Whereas, it is the responsibility of the Department of Highways and Public Transportation to keep these rest rooms as clean as possible for these travelers to use; and

Whereas, immediate steps should be taken to correct any insufficient cleaning and maintenance of these rest rooms. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the State Highways and Public Transportation Commission is requested to investigate and correct recent incidences of unsanitary and unsightly rest rooms at rest areas located along the interstate highways of this State.

Be it further resolved that a copy of this resolution be forwarded to all members of the State Highways and Public Transportation Commission, the Executive Director of the Department of Highways and Public Transportation, and the Executive Director of the Department of Parks, Recreation and Tourism.

Rep. KLAPMAN explained the Resolution.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1347 -- Senator Hinson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO TAKE IMMEDIATE STEPS NECESSARY TO PROVIDE RELIEF TO THE PEOPLE OF LANCASTER COUNTY BY REPLACING A BRIDGE ON ROAD 154, NORTHEAST OF THE TOWN OF KERSHAW, OVER LYNCHS CREEK IN LANCASTER COUNTY.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1348 -- Senators Shealy and Wilson: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO TAKE IMMEDIATE STEPS NECESSARY TO PROVIDE RELIEF TO THE PEOPLE WHO TRAVEL SMITH POND ROAD IN LEXINGTON COUNTY BY REPAIRING AND MAINTAINING THE ROAD.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 3961 -- Reps. R. Brown and McLeod: A BILL TO AMEND ACT 605 OF 1984, AS AMENDED, RELATING TO THE MILLAGE TO BE LEVIED IN MARION COUNTY, SO AS TO PROVIDE FOR THE MILLAGE FOR SCHOOL PURPOSES FOR THE FISCAL YEAR BEGINNING JULY 1, 1986, AND ENDING JUNE 30, 1987.

Referred to Marion Delegation.

H. 3966 -- Rep. Lewis: A BILL TO AMEND ACT 812 OF 1952, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY, SO AS TO ESTABLISH SINGLE-MEMBER ELECTION DISTRICTS FOR ELECTION OF TRUSTEES, TO PROVIDE FOR THE ELECTION OF TRUSTEES AND PROVIDE FOR THE POWERS, DUTIES, AND COMPENSATION OF THE BOARD, AND TO PROVIDE FOR FUNDING OF THE SCHOOL DISTRICT'S OPERATIONS.

Without reference.

H. 3967 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BUDGET AND CONTROL BOARD, RELATING TO PERMITS TO CONSTRUCT ON NAVIGABLE WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 699, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

On motion of Rep. SHARPE, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3968 -- Rep. Ogburn: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF AMERICAN LEGION SMITH-GRAVES POST 92, INC.

Without reference.

Rep. OGBURN moved to waive Rule 5.12, which was agreed to.

S. 1339 -- Senator Waddell: A BILL TO AMEND SECTION 50-17-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAWLING NEAR BEACHES ON HUNTING AND HILTON HEAD ISLANDS IN BEAUFORT COUNTY, SO AS TO PROVIDE THAT THE RESTRICTIONS SHALL ALSO APPLY TO INHABITED AREAS OF BEACHES ON FRIPP ISLAND.

Referred to Committee on Agriculture and Natural Resources.

H. 3967--ORDERED TO BE READ THE NEXT TWOSUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 3967 be read the second and third times the next two successive legislative days.

Rep. T. ROGERS moved that the House do now adjourn.

Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:

Rep. BLANDING made a statement relative to the General Appropriations Bill.

S. 1048--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1048 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-2020 SO AS TO PROVIDE FOR THE MANAGEMENT OF LAKES AND PONDS OWNED BY THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT AND TO PROVIDE PENALTIES.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 4615R), which was adopted.

Amend the bill, as and if amended, page 1, Section 50-13-2020 as contained in SECTION 1, by adding before the period on line 25 /or leases/.

When amended the section shall read:

/"Section 50-13-2020. The South Carolina Wildlife and Marine Resources Department has management control over the lakes and ponds which it owns or leases. It may establish the terms and conditions under which the public may use the lakes and ponds for fishing, boating, picnicking, and other related activities. Before taking effect, the conditions and terms must be approved by the Wildlife and Marine Resources Commission and a majority of the county legislative delegation of the county where the lake or pond is located and published in a newspaper of general circulation in the county.

Any person violating the terms and conditions of this section is guilty of a misdemeanor and upon conviction must be fined not more than two hundred dollars or imprisoned for not more than thirty days."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. PEARCE explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

OBJECTION TO MOTION

Rep. PEARCE asked unanimous consent that S. 1048 be read a third time tomorrow.

Rep. KLAPMAN objected.

S. 1073--DEBATE ADJOURNED

The following Bill was taken up.

S. 1073 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-1022, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF GILL NETS IN THE ATLANTIC OCEAN, SO AS TO REGULATE THEIR USE DURING THE OPEN SEASON FOR THE TAKING OF AMERICAN SHAD, TO INCREASE THE SIZE OF BUOYS USED TO MARK THEIR LOCATIONS FROM TEN INCHES IN DIAMETER TO TWENTY INCHES IN DIAMETER, AND TO ELIMINATE A PROVISION MAKING POSSESSION OF FRESHLY CAUGHT SHAD DURING THE CLOSED SEASON PRIMA FACIE EVIDENCE OF A VIOLATION.

Amend the bill, as and if amended, the first paragraph of Section 50-17-1022 as contained in SECTION 1, page 1, by adding after the period on line 40 /For the purpose of this section anchored shall include the use of concrete blocks or any other weight which is not a part of the natural construction of the gill net./
When amended the paragraph shall read:

/"Section 50-17-1022. It is lawful to use or setDuring the open season for taking American shad in state waters of the Atlantic Ocean, all gill nets having a stretch mesh size between threefour and one-half inches and ten inches stretched meshin the Atlantic Ocean from the shoreline seaward to the three mile territorial limit during the open season for taking shad. During the open fishing period all nets must be drift fished and may not be staked, anchored, or otherwise set in a fixed position. For the purpose of this section anchored shall include the use of concrete blocks or any other weight which is not a part of the natural construction of the gill net. No gill net of the mesh sizes specified in this paragraph used in the waters of the Atlantic Ocean during the open season for shad may be left unattended, and if the licensed owner or operator is not located in the immediate vicinity, the net must be confiscated./

Amend title to conform.

Rep. PEARCE explained the amendment and moved to adjourn debate upon the Bill, which was adopted.

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

S. 1074 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-2190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATLANTIC STURGEON, SO AS TO PROVIDE THAT THE DIVISION OF MARINE RESOURCES MAY ESTABLISH MINIMUM OR MAXIMUM SIZE LIMITS ON STURGEON INSTEAD OF MAXIMUM SIZE LIMITS ONLY AND TO PROVIDE THAT ANY SIZE STURGEON TAKEN DURING CLOSED SEASONS OR IN CLOSED AREAS MUST BE IMMEDIATELY RETURNED TO THE WATER.

S. 1076 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-855 SO AS TO REGULATE ACTIVITIES RELATING TO HARD CLAMS OF THE GENUS "MERCENARIA".

S. 1074--ORDERED TO BE READ THIRDTIME TOMORROW

On motion of Rep. PEARCE, with unanimous consent, it was ordered that S. 1074 be read the third time tomorrow.

S. 1076--ORDERED TO BE READ THIRDTIME TOMORROW

On motion of Rep. PEARCE, with unanimous consent, it was ordered that S. 1076 be read the third time tomorrow.

S. 1075--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1075 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLOSED SEASONS AND SIZE LIMITS ON NUMEROUS SALTWATER FISH AND SHELLFISH SPECIES, SO AS TO ADD SIZE LIMITS ON SPOTTED SEA TROUT AND RED DRUM, AND TO IMPOSE A POSSESSION LIMIT ON RED DRUM.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 4760R), which was adopted.

Amend the bill, as and if amended, page 1, item (a) of subsection (4) of Section 50-17-55 as contained in SECTION 1, by adding after /or/ on line 28 /from June first to September first of each year/.

When amended item (a) shall read:

/"(4) (a) It is unlawful to take, catch, have in possession, land, or sell any spotted sea trout 'Cynoscion nebulosus', known locally as winter trout, of less than twelve inches in total length or from June first to September first of each year any red drum 'Sciaenops ocellatus' known locally as channel or spot-tail bass, of less than fourteen inches in total length./

Amend further, page 1, item (b) of subsection (4) of Section 50-17-55 as contained in Section 1 by striking on line 33 /two/ and inserting /one/.

When amended item (b) shall read:

/(b)It is unlawful for any person to take or have in possession more than one red drum exceeding thirty-two inches in total length in any one day./

Amend title to conform.

Rep. FOXWORTH explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 1075--ORDERED TO BE READ THIRDTIME TOMORROW

On motion of Rep. PEARCE, with unanimous consent, it was ordered that S. 1075 be read the third time tomorrow.

S. 1078--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1078 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-13-1170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING OF NONGAME FISH BY GILL NETS, SO AS TO REQUIRE STURGEON CAUGHT IN LICENSED SHAD NETS TO BE RETURNED TO THE WATER.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 4619R), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION 1. The last paragraph of Section 50-13-1170 of the 1976 Code, added by Act 51 of 1985, is amended to read:

"Nongame fish, except for sturgeon of legal size and caught during open season as established under Section 50-17-2190, caught in licensed shad nets lawfully fished during the open season for taking shad may be kept by the fisherman."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. PEARCE explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 1078--ORDERED TO BE READ THIRDTIME TOMORROW

On motion of Rep. PEARCE, with unanimous consent, it was ordered that S. 1078 be read the third time tomorrow.

S. 1120--INTERRUPTED DEBATE

The following Bill was taken up.

S. 1120 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAW OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-125 SO AS TO PRESCRIBE CRITERIA TO BE USED BY THE MARINE RESOURCES DIVISION TO REGULATE FISHING SEASONS, AREAS, TIMES, EQUIPMENT, AND EFFORT; AND TO IMPOSE REQUIREMENTS RELATIVE TO NOTICE OF CHANGES IN FISHERIES MANAGEMENT.

Rep. PEARCE explained the Bill.

Rep. T. ROGERS moved that the House do now adjourn, which was adopted.

Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, Rep. PEARCE having the floor.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3945 -- Rep. Harvin: A CONCURRENT RESOLUTION EXTENDING BEST WISHES TO THE UNIVERSITY SOUTH CAROLINIANA SOCIETY ON THE OCCASION OF ITS FIFTIETH ANNUAL MEETING, COMMENDING THE SOCIETY FOR ITS SPLENDID WORK, AND DESIGNATING MAY 30, 1986, AS "UNIVERSITY SOUTH CAROLINIANA SOCIETY DAY" IN SOUTH CAROLINA.

H. 3946 -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. C.S. BURTON, JR., OF REIDSVILLE, NORTH CAROLINA, UPON HIS DEATH.

H. 3948 -- Dorchester County Delegation: A CONCURRENT RESOLUTION EXPRESSING THE BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO AUGUSTUS "GUS" MOODY OF SUMMERVILLE IN DORCHESTER COUNTY, WHO IS RETIRING AFTER THIRTY YEARS AS BAND DIRECTOR AT SUMMERVILLE HIGH SCHOOL.

H. 3949 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DR. JOHN W. MANLY, EXECUTIVE VICE PRESIDENT OF TRI-COUNTY TECHNICAL COLLEGE IN PENDLETON IN ANDERSON COUNTY UPON HIS RETIREMENT.

H. 3954 -- Rep. J. Anderson: A CONCURRENT RESOLUTION COMMENDING CLARENCE R. JOLLY OF EDGEFIELD, IN EDGEFIELD COUNTY, FOR HIS MANY YEARS OF UNSELFISH WORK ON BEHALF OF THE AMERICAN DIABETES ASSOCIATION AND THE HEART FUND.

H. 3955 -- Reps. Russell, Davenport, Petty, S. Anderson, Ferguson, Hawkins and Lake: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO JOHN WHITE, OWNER AND PROPRIETOR OF THE "BEACON" DRIVE-IN IN SPARTANBURG, FOR HIS YEARS OF HARD WORK IN MAKING THE BEACON A LANDMARK EATERY.

H. 3956 -- Spartanburg County Delegation: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE T. W. EDWARDS, JR., OF SPARTANBURG COUNTY ON COMPLETING TWENTY YEARS DISTINGUISHED SERVICE IN THE HOUSE OF REPRESENTATIVES.

ADJOURNMENT

At 4:35 P.M. the House in accordance with the motion of Rep. T. ROGERS adjourned to meet at 10:00 A.M. tomorrow.